BLS Contract Collection

Title: Chicago, City of and State and Municipal Teamsters, Chauffeurs and Helpers Union, International Brotherhood of Teamsters, Local 726 (1999) K#: 811863

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CITY OF CHICAGO AGREEMENT WITH

Teamster Local 72 6

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CITY OF CHICAGO AGREEMENT WITH

Teamster Local 726

INDEX

Page

ARTICLE 1 - RECOGNITION 1

S e c t i o n 1.1 1

ARTICLE 2 - MANAGEMENT RIGHTS 3

ARTICLE 3 - NON-DISCRIMINATION 4

Section 3.1 Equal Employment Opportunities 4 Section 3.2 No Discrimination 5 Section 3.3 Grievance of Alleged Violations 5 Section 3.4 Reasonable Accommodation 5

ARTICLE 4 - WAGES AND ALLOWANCES 6 Section 4.1 Prevailing Rates 6 Section 4.2 Negotiated Rate Adjustments 6 Section 4.3 Other Rate Adjustments 9 Section 4.5 Call-in-Pay 9 Section 4.6 Special Rate Adjustments 10 Section 4.7 Payment of Wages 10

ARTICLE 5 - HOURS OF WORK AND OVERTIME 12 Section 5.1 12 Section 5.2 Overtime 14 Section 5.3 15

ARTICLE 6 - HOLIDAYS 16 Section 6.1 16 Section 6.2 Payment for Holiday 18 Section 6.3 Determining Work Days as Holidays 19 Section 6.4 Failure to Report to Work on Scheduled

Holiday 19 Section 6.5 Holiday Observance 19

ARTICLE 7 - VACATIONS 2 0 Section 7.1 Amount 20 Section 7.2 Pro Rata Vacations 21 Section 7.3 Forfeiture of Vacation 22 Section 7.4 Employees Laid-Off or Discharged 22 Section 7.5 Rate of Pay 23 Section 7.6 Selection 23

l 175845.1

Section 7.7 Reciprocity with Other Agencies 25 Section 7.8 Non-Consecutive Vacation Days 25

ARTICLE 8 - CONTINUOUS SERVICE 2 6 Section 8.1 26 Section 8.2 Interruption in Service 27 Section 8.3 Reciprocity 27 Section 8.4 Break In Service 28 Section 8.5 Probationary Employment 29 Section 8.6 Seasonal Employment . 30 Section 8.7 34 Section 8.8 Filling of Vacancies 34 Section 8.9 Balancing the Workforce 36 Section 8.10 Acting In A Higher-Rated Job 37

ARTICLE 9 - GROUP HEALTH. VISION CARE, DENTAL. LIFE AND ACCIDENT BENEFITS 3 8

ARTICLE 10 - LEAVES OF ABSENCE 4 0 Section 10.1 Bereavement Pay 40 Section 10.2 Military Leave 41 Section 10.3 Jury Duty Leave/Subpoena 42 Section 10.4 Sick Leave 42 Section 10.5 Duty Disability Leave 43 Section 10.6 Personal Leave 44 Section 10.7 Medical Leave 46 Section 10.8 Union Leave 47

ARTICLE 11 - DISCIPLINE AND GRIEVANCE/ARBITRATION 48 Section 11.1 Discipline 48 Section 11.2 Procedure For Department Review of

Disciplinary Action Including Suspension 53 Section 11.3 Grievance and Arbitration 56 Section 11.4 Conduct of Disciplinary Investigations . . 64

ARTICLE 12 - NO STRIKES-NO LOCKOUT 70 Section 12.1 70 Section 12.2 71 Section 12.3 71 Section 12.4 71

ARTICLE 13 - DUES CHECK-OFF AND FAIR SHARE 72 Section 13.1 72 Section 13.2 73 Section 13.3 73 Section 13.4 73 Section 13.5 74

li 175845.1

ARTICLE 14 - MISCELLANEOUS 75 Section 14.1 Job Titles 75 Section 14.2 Traditional Work 75 Section 14.3 Jurisdictional Disputes 7 6 Section 14.4 Deferred Compensation 78 Section 14.5 Rules of Conduct Changes 78 Section 14.6 Safety 79 Section 14.7 Bulletin Boards 81 Section 14.8 Information to Union 81 Section 14.9 Volunteer Work 82 Section 14.10 Transfers Between Departments 82 Section 14.11 82 Section 14.12 Labor-Management Committee 83 Section 14.13 Automobile Reimbursement 83 Section 14.14 Uniforms 84

ARTICLE 15 - LAYOFFS & RECALL 84 Section 15.1 Order of Layoffs 84 Section 15.2 Recall 85

ARTICLE 16 - SEPARABILITY 85

ARTICLE 17 - UNION REPRESENTATION 85 Section 17.1 Union Representatives 85 Section 17.2 Union Rights 86 Section 17.3 Right of Access 86

ARTICLE 18 - DRUG AND ALCOHOL PROGRAM 8 7 Section 18.1 Police Statement 87 Section 18.2 Definition 88 Section 18.3 Disciplinary Action 89 Section 18.4 Drug and Alcohol Testing 90 Section 18.5 Employee Assistance Program 93 Section 18.6 Paid Time for Drug Testing 93

ARTICLE 19 - RATIFICATION AND TERMINATION 93

ARTICLE 2 0 - TERM OF AGREEMENT 95

APPENDIX A APPENDIX B APPENDIX C APPENDIX D APPENDIX E APPENDIX F APPENDIX G APPENDIX H EXHIBIT I

iii 175845.1

COLLECTIVE BARGAINING AGREEMENT AUTHORIZED WITH STATE AND MUNICIPAL TEAMSTERS, CHAUFFEURS

AND HELPERS UNION, LOCAL 72 6

The Committee on Finance submitted a report recommending that the City Council pass a proposed ordinance transmitted therewith, authorizing a Collective Bargaining Agreement between the City and the State and Municipal Teamsters, Chauffeurs and Helpers Union, Local 726.

The following is said ordinance as passed:

WHEREAS, The City of Chicago, as a home rule unit within the meaning of the Illinois Constitution of 1970; and

WHEREAS, The City of Chicago, as a home rule unit, may exercise any power and perform any function pertaining to its government and affairs; and

WHEREAS, It is the intent of the City of Chicago to establish and promote harmonious understandings and relationships by and between the City of Chicago and the State and Municipal Teamsters, Chauffeurs, and Helpers Union, Local 726; and

WHEREAS, The City of Chicago desires to formalize said intent in a written Agreement; now, therefore,

Be It Ordained by the City Council of the City of Chicago:

That the Agreement by and between the City of Chicago and the State and Municipal Teamsters, Chauffeurs and Helpers Union, Local 726, in the form attached hereto, is hereby adopted and ratified.

1 175845.1

CITY OF CHICAGO AGREEMENT WITH

State and Municipal Teamsters, Chauffeurs and Helpers Union

Local 726

AGREEMENT

This Agreement is entered into by and between the City of

Chicago, an Illinois Municipal Corporation (hereafter called the

"Employer") and the State and Municipal Teamsters, Chauffeurs and

Helpers Union - Local 726 (hereinafter called "the Union"), for the

purpose of establishing, through the process of collective

bargaining certain provisions covering wages, and other terms and

conditions of employment for the employees represented by the

Union.

In recognition of the above, the Employer and the Union agree as

follows:

ARTICLE 1 RECOGNITION

Section 1.1

The Employer recognizes the Union as the sole and exclusive

bargaining agent for all employees in the following job

classifications:

Motor Truck Driver

1 175845.1

Motor Truck Driver - (Operating Sweeper, Tow Tru

or Dead Animal Truck)

Motor Truck Driver - (Operating dual purpose

equipment, five-axle,

or tractor trailer unit or

Front End Loader)

Motor Truck Driver - Tire Repairer

Equipment Dispatcher I/C

Equipment Services Coordinator

Equipment Coordinator

Supervising Ground Transportation Monitor

Equipment Dispatcher

Equipment Training Specialist

Foreman of Motor Truck Drivers

General Foreman of Motor Truck Drivers

Garage Attendant

Garage Attendant I/C

Automotive Parts Man

Automotive Parts Man I/C

Chauffeur

Booter

Supervising Booter

Attendant Airport Parking

Airport Ground Transportation Monitor

2

Airport Terminal Monitor

Cashier - Airport Parking

Cashier Accounting - Airport Parking

Cashier

Supervising Attendant - Airport Parking

Supervising Cashier - Airport Parking

Supervisor of Ground Transportation Monitors

Skyway Maintenance Worker

The Union is authorized to bargain collectively for such

employees with respect to rates of pay, wages, hours and other

terms and conditions of employment. The term "employee" as used

herein, refers to the above job classifications, unless specified

to the contrary.

ARTICLE 2 MANAGEMENT RIGHTS

The Union recognizes that certain rights, powers, and

responsibilities belong solely to and are exclusively vested in the

Employer, except only as they may be subject to a specific and

express obligation of this Agreement. Among these rights, powers,

and responsibilities, but not wholly inclusive, are all matters

concerning or related to the management of the Employer's

operations and the administration thereof, and the direction of the

working forces, including (but not limited to) the right to

suspend, discipline, or discharge for just cause; to layoff by

reason of lack of work, by reason of lack of funds or work, or

3 175845.1

abolition of a position, or material changes in duties or

organization of the Employer's operations, or other economic

reasons; to hire, classify, transfer and assign work, promote,

demote, or recall; to make and enforce reasonable rules and

regulations; to maintain order and efficiency; to schedule the

hours of work, to determine the services, processes, and extent of

the Employer's operation, the types and quantities of machinery,

equipment and materials to be used, the nature, extent, duration,

character and method of operation, including (but not limited to)

the right to contract out or subcontract; the right to determine

the number of employees and how they shall be employed, and the

quality and quantity of workmanship and work required to insure

maximum efficiency of operations; to establish and enforce fair

production standards; and to determine the size, number and

location of its departments and facilities. All of the provisions

of this Article are vested exclusively in the Employer, except as

expressly abridged by a specific provision of this Agreement.

ARTICLE 3 NON-DISCRIMINATION

Section 3.1 Equal Employment Opportunities

The Union agrees to work cooperatively with the Employer to

insure equal employment opportunities as required by law in all

aspects of the Employer's personnel policies.

4 175845.1

Section 3.2 No Discrimination

Neither the Employer nor the Union shall discriminate against

any employee covered by this Agreement in a manner which would

violate any applicable laws because of race, color, religion,

national origin, age, sex, marital status, mental and/or physical

handicap or activity on behalf of the Union.

Section 3.3 Grievance of Alleged Violations

Grievances by employees alleging violations of this Article

shall be resolved through Step II of the Grievance procedure of

this Agreement, but shall not be subject to arbitration unless

mutually agreed by the parties.

Section 3.4 Reasonable Accommodation

In the event the Employer shall be required to make a

reasonable accommodation under the Americans With Disabilities Act

("ADA") to the disability of an applicant or incumbent employee

that may be in conflict with the rights of an employee under this

Agreement, the Employer shall bring this matter to the attention of

the Union. The provisions of Article 11 of this Agreement shall be

available, and the Arbitrator may balance the Employer's

obligations under the ADA and this Agreement and the employee's

rights under this Agreement, provided that no incumbent employee

shall be displaced by such decision of the Arbitrator.

5 175845.1

ARTICLE 4 WAGES AND ALLOWANCES

Section 4.1 Prevailing Rates

Employees, where there has not been an agreement to the

contrary, shall be paid the hourly wage negotiated by Local 731,

International Brotherhood of Teamsters, in its area wide

Construction Agreement, then in effect on July 1, 1999, July 1,

2000, July 1, 2001 and July 1, 2002 in accordance with the

Employer's past practice.

Allocation to the hourly rate shall be determined by Local 731

Executive Board.

Section 4.2 Negotiated Rate Adjustments

Employees referred to in items A through D below are defined

as Garage Attendants, Chauffeurs, and Automotive Parts Men hired

since February 13, 1986 as well as Booter, Supervising Booter,

Attendant - Airport Parking, Airport Terminal Monitor, Airport

Ground Transportation Monitor, Cashier Airport Parking, Cashier

Accounting - Airport Parking, Cashier, Supervising Cashier -

Airport Parking, Equipment Training Specialist and Skyway

Maintenance Worker, Auto Pound Supervisor, Service Writer and

Mobile Health Operator.

A. Booters and Automotive Parts employees: Effective July 1, 1999

and again on July 1, 2 000, July 1, 2 001, and July 1, 2 0 02, the

Employer will increase the rates for these employees by the

amount of the cents per hour increase received by Motor Truck

6 175845.1

Drivers on the prevailing rate. In addition, effective July

1, 2 000, Booters shall change to an hourly rate from a monthly

rate, and shall receive in addition to the foregoing the

following wage adjustments: $1.00/hour (effective July 1,

2000); $1.00/hour (effective July 1, 2001); $1.00/hour

(effective July 1, 2002) . Effective July 1, 2002, Booters

shall not accrue sick days and shall receive the holidays set

forth in Section 6.1(a).

B. Garage Attendants and Mobile Health Operator: Effective July

1, 2000 the Employer will increase the then existing base rate

of the Mobile Health Operator by $.50 per hour. Effective

January 1, 2 000, the Employer will increase the base rate of

Garage Attendants by $.25 per hour. Thereafter, these

employees will receive the following increases on the dates

specified -- effective January 1, 2000, 1.5%; effective July

1, 2000, 2.5%; effective July 1, 2001, 3.0%; effective July 1,

2002, 2.5%; and effective January 1, 2003, 1.5%.

C. All other employees listed above shall receive the following

wage increases:

effective 1/1/00 1.5% effective 7/1/00 2.5% effective 7/1/01 3.0% effective 7/1/02 2.5% effective 1/1/03 1.5%

All employees receiving these increases who are on the payroll

as of the effective date of this Agreement, as well as persons who

7 175845.1

have retired between July 1, 1999 and the effective date of this

Agreement, shall be paid the additional sum of $350.00.

All incumbent employees covered by this Agreement who are

currently on the salary schedules appended hereto as Exhibits A, B,

C, D, E, F, G, and H, shall be placed on a new 12-step salary

schedule as set forth in Exhibits , effective July 1, 2000. The

12-step schedule will be administered in the same fashion and under

the same historical practices as the current 10-step salary

schedule. Incumbent employees will be placed on the new schedule

at the step in their grade which most closely approximates their

then-current pay rate, it being understood that no employee will

receive less than his or her current pay rate. Such employees who

are placed on said schedule will receive an adjustment in their

wage rate of not less than 2%, which may be satisfied by the

employees' immediate receipt on July 1, 2 000 of a step increase to

which they may be eligible as a result of their placement on the

schedule and their continuous service date. Should this guarantee

result in the employee receiving a monthly and annual pay rate

which is higher than the amount that should be paid to the employee

relative to his or her placement on the new salary schedule, the

employee shall receive that higher amount until the employee

reaches his or her next step in the salary schedule, whereupon he

or she shall receive the pay rate appropriate to that step in the

schedule. The placement of the employees on the new schedule will

8 175845.1

not change their current anniversary date; however, if an employee

receives a step increase as a result of his or her placement on the

salary schedule, that may result in the employee receiving a new

anniversary date, in accordance with the City's historic practice.

Section 4.3 Other Rate Adjustments

Full time employees in the titles of Garage Attendant, Garage

Attendant I/C, Automotive Parts Man, and Automotive Parts Man I/C,

hired prior to February 13, 1986, will receive the following ("red-

circled") rates for employees described as follows:

A. A $.20/hour increase will be granted to employees,

effective July 1, 2000.

B. A $.2 0/hour increase will be granted to employees,

effective July 1, 2001.

C. A $.2 0/hour increase will be granted to employees,

effective July 1, 2002.

Employees who report for work as scheduled or assigned shall

receive a minimum of 2 hours pay, where the employees have not been

told at least 3 hours prior to the employee's starting time not to

report for work, except for reasons beyond the Employer's control.

Section 4.5 Call-in-Pay

Employees called in for work outside their regular working

hours shall be compensated for not less than 4 hours at the

applicable rate, except for reasons beyond the Employer's control.

9 175845.1

Section 4.6 - Special Rate Adjustments

Effective July 1, 2000, the following classifications will

receive special rate adjustments on the dates shown:

Equipment Dispatcher, $.50/hour; Motor Truck Driver Foreman

and Dispatcher In Charge, $.50/hour; Motor Truck Driver General

Foreman, $1.00/hour; Clam Operator (Bureau of Forestry), $.30/hour;

and Front End Loader Operator (Department of Sewers), $.25/hour.

The classification of Equipment Training Specialist - Motor

Truck Driver (job code 7123) will be paid a monthly rate equivalent

to a $2.00/hour differential above the Motor Truck Driver

prevailing rate.

Section 4.7 Payment of Wages

(a) All regular base wages will be paid to employees not later

than the next regular pay day following the end of the payroll

period in which it is earned. All overtime or premium pay

shall be paid to employees not later than the second regular

pay day following the end of the payroll period in which it is

earned. In the event of an arbitration involving a dispute

arising solely under this Section, the losing party will pay

the entire amount of the arbitrator's fee.

(b) In the event an employee's pay check, at the time specified in

paragraph (a) above, fails to include all of the regular base,

overtime and/or premium pay to which he/she is entitled, the

Department will correct that shortage provided the employee

10 175845.1

promptly notifies the Department's timekeeper in writing. If

the Department concludes that there is a shortage in the

employee's paycheck, and if the amount in question exceeds

$100.00, the Department will submit a supplemental payroll to

the Comptroller to cover the shortage, and will issue the

employee a check in that amount within five (5) working days

after the timekeeper is notified of the employee's complaint.

Shortages less than $100.00 will be added to the employee's

next regular pay check.

Should an employee not receive this supplemental check (for a

sum greater than $100.00) within the aforementioned five (5)

day period, the Employer will pay to the employee the sum of

$5.00 for every pay period thereafter until the full

supplemental check is received.

It is understood that pay shortages relating to newly-hired

employees, persons returning from leaves of absence (including

but not limited to duty disability), overtime earned under the

City's emergency snow removal program, and inaccuracies due to

changes in payroll deductions, are excluded from the

provisions of this Section. This paragraph does not supersede

any other payment obligations with respect to the payments

referred to in this paragraph which may be contained elsewhere

in this Agreement.

11 175845.1

(e) In order to provide a basis for ongoing discussion concerning

the City's payroll practices, the parties will form a Labor

Management Committee consisting of four (4) persons appointed

respectively by the City and by the Coalition. The City's

members of the Committee will consist of representatives from

the Department of Personnel, the Office of Budget and

Management, the Comptroller and the Director of Labor

Relations. The Coalition, as it shall determine, shall select

four (4) representatives to serve as members of the Committee.

The Committee will meet not less than once a year, or more

frequently as the need may arise, to review ongoing issues

regarding payroll, compliance with this Section, or other

issues of mutual concern which may arise during the life of

the parties' Agreement.

ARTICLE 5 HOURS OF WORK AND OVERTIME

Section 5.1

This Article shall be to calculate overtime and shall not be

a guarantee of work or hours for any day or week.

The normal work week shall consist of five (5) consecutive

8-hour days and two (2) consecutive days off, except where the

Employer's operations require different scheduling needs. The

Employer will notify the Secretary-Treasurer and the President of

the Union of these exceptions. For shift positions requiring a

seven (7) day continuous operation, the work week shall be a

1 2 175845.1

regular recurring seven (7) day period beginning at 12:00 midnight

(one minute after 11:59 pm. Saturday) Sunday and ending at 12:00

midnight the following Sunday. The starting times of employees are

contained in Exhibit I. The Employer may change the time of its

work day (Exhibit I) or work week in case of an emergency or an

unforeseen situation with reasonable notice to and upon request,

discussion with the Union. Notwithstanding the foregoing, the

Employer may change the start of its work day for a department,

bureau, crew or individual, to a time not more than two (2) hours

before the times listed in Exhibit I, provided the Employer gives

not less than fourteen (14) days' advance notice to the Union and

affected employees, and discussion with the Union. All such

changes, unless otherwise agreed to by the parties, shall be in

effect for a minimum of one (1) week, and shall provide for the

same starting times for each day of that period. No employee shall

be placed on a split shift without agreement by the Union. Failure

to comply with this provision shall result in the payment of

appropriate premium time to affected employees.

The City of Chicago will continue the past practice, where

applicable, of beginning the normal work shift one hour earlier

during the period to begin (on or about) July 1 through (on or

about) Labor Day due to "heat" or temperature conditions, commonly

known as the "heat program" to meet Department Operational needs.

13 175845.1

Section 5.2 Overtime

All work performed prior to the start of the regular shift on

a regularly scheduled work day and work week shall be paid for at

one and one-half times the regular straight time rate of pay.

All work performed after eight hours worked in any 24 hour

period should be considered overtime and paid for at the rate of

one and one-half times (1 1/2) the regular straight time rate

provided the employee completes the normal work week or is absent

with the Employer's permission.

All work performed on Saturday, when Saturday is not part of

the employee's regular work week; or on the sixth consecutive day

worked, shall be paid for at one and one-half (1 1/2) times the

regular straight time hourly rate of pay. All work performed on

Sunday, when Sunday is not part of the employee's regular work

week; or the seventh consecutive day worked, shall be paid for at

two (2) times the regular hourly rate of pay. Such overtime shall

be computed on the basis of completed fifteen minute segments.

Employees exempt from the Fair Labor Standards Act shall not be

eligible for overtime under this Section. There shall be no

pyramiding of overtime and/or premium pay. Daily and/or weekly

overtime and/or premium pay shall not be paid for the same hours

worked.

14 175845.1

Section 5.3

(a) Overtime and/or premium time referred to in this

Agreement shall be offered first to the employee performing the job

and thereafter by seniority to the most senior employee in the job

classification at the work location being given the opportunity to

work, provided the employee has the present ability to perform the

work to the satisfaction of the Employer without further training.

A reasonable amount of overtime shall be a condition of

continued employment. In the event there are not sufficient

volunteers who accept such offers of overtime, the Employer may

mandatorily assign such overtime by reverse seniority.

(b) Employees in the classification at the work location who

have been given the option to work the overtime and/or premium

time, whether the option was accepted or rejected, will not be

afforded the option to work subsequent overtime and/or premium time

until all employees in the classification at the work location have

been reasonably afforded the opportunity to work the overtime

and/or premium time, subject to the same provision as in Section

5.3 (a).

(c) The Employer may utilize employees from other work

locations to equalize overtime distribution within the Department,

as feasible over a reasonable period of time. If the Union

believes there exists a catastrophic situation or an excessive

amount of overtime over an extended period of time at a work

15 175845.1

location, the Union will so notify the Director of Labor Relations.

The Employer will meet with the Union as soon as possible, but in

no event later than 72 hours, to discuss methods of equalizing

overtime within the Department.

(d) Overtime lists shall be posted at each work location and

updated on a weekly basis, exclusive of lists for snow overtime

which shall be maintained pursuant to the existing practice of the

parties.

ARTICLE 6 HOLIDAYS

Section 6.1

(a) Full-time hourly employees shall receive eight hours

straight time pay for the holidays set forth below:

1. New Year's Day 2. Dr. Martin Luther King's Birthday 3. Casimir Pulaski Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Columbus Day 8. Thanksgiving Day

9. Christmas Day

(b) Full-time salaried employees shall receive the following

days off without any change in their regular salary:

1. New Year's Day 2. Dr. Martin Luther King's Birthday 3. Casimir Pulaski Day 4. Lincoln's Birthday 5. Washington's Birthday 6. Memorial Day 7. Independence Day 8. Labor Day 9. Columbus Day

16 175845.1

10. Veterans Day 11. Thanksgiving Day

12. Christmas Day

(c) Employees covered by this Agreement including

probationary employees shall be entitled to one (1) paid personal

day in each year of this Agreement. At the employee's option, the

personal day may be scheduled in accordance with the vacation

selection procedures set forth in Article 7 of this Agreement. If

the employee elects not to schedule said personal day in advance

under the vacation selection procedures as provided above, such day

shall be designated by the employee and shall not be denied by the

Employer. If the employee is required or allowed to work on such

designated day, the employee shall receive the appropriate holiday

premium rate. An employee may elect to carry over the personal day

to the following calendar year provided such carry over shall not

exceed five (5) personal days. Employees may not designate such

personal day in connection with an existing holiday, Good Friday,

or a vacation schedule unless requested by the employee upon ten

(10) days written notice and approved by the Employer. New

employees who commence work for the Employer after June 3 0 shall

not be eligible for this personal day until the following calendar

year.

(d) The benefits set forth in (a),(b) and (c) above shall be

paid provided the employee is in pay status the full scheduled work

day immediately preceding and the full scheduled work day

17 175845.1

immediately following such holiday, or is absent from work on one

or both of those days with the Employer's permission; such

permission shall not be unreasonably denied.

(e) Beginning January 1, 1993, all employees who are

regularly assigned to work at the Chicago Public Library system

shall receive holidays in accordance with the Chicago Public

Library system's holiday schedule.

NOTE: The system observes the following holidays:

HOLIDAY New Year * s Day Martin Luther King, Jr.'s Birthday Lincoln's Birthday Washington's Birthday Pulaski Day Memorial Day Independence Day Labor Day Thanksgiving Day

Christmas Day

Section 6.2 Payment for Holiday

If an employee is scheduled to work on a paid holiday under

this Agreement, except for Christmas, New year's Day, and Dr.

Martin Luther King's Birthday, he/she shall be paid at the rate of

two and one-half (2 1/2) times his/her regular hourly rate (which

includes holiday pay) for all hours worked.

An employee working on Christmas, New Year's Day and Dr.

Martin Luther King's Birthday shall be paid at the rate of two (2)

times his/her regular hourly rate (which includes holiday pay) for

all hours worked plus eight (8) hours off with pay (compensatory

18 175845.1

time) if the employee is a full-time employee and pro rata time off

if the employee is a part-time employee.

Section 6.3 Determining Work Days as Holidays

A holiday is the calendar day running from midnight to

midnight. An employee whose workday extends over parts of two (2)

calendar days, one of which is a holiday, shall be considered to

have worked on the holiday if the majority of the hours worked fall

on the holiday.

Section 6.4 Failure to Report to Work on Scheduled Holiday

If an employee is scheduled to work on a holiday and fails to

report to work, the employee shall forfeit his/her right to pay for

that holiday unless his/her absence is due to illness, injury, or

other emergency.

Section 6.5 Holiday Observance

Except for employees whose regularly scheduled workweek

includes Saturday and/or Sunday, said holidays which fall on

Saturday will be observed the Friday before the holiday; said

holidays which fall on Sunday will be observed on the Monday after

the holiday. For employees whose regularly scheduled workweek

includes Saturday and/or Sunday, said holidays which fall on either

Saturday or Sunday will be observed on that day. For employees

whose regularly scheduled work week includes Saturday and/or

Sunday, whenever said holiday falls on an employee's normal day off

the employee shall be granted another day off with pay. The

19 175845.1

Department Head shall grant an employee's request for another day

off on the basis of seniority among the employees who normally

perform the work and make their requests on the same day, provided

however, that the Department Head shall retain the right to

determine the number and scheduling of employees at any one time

without hindering the operation of the Department.

Whenever said holiday falls during an employee's vacation

period the Employer shall have the option of granting the employee

an extra day's pay or an extra day of vacation at a time mutually

agreed upon between the employee and the Department Head, provided

the employee works the full scheduled workday immediately preceding

and the full scheduled workday immediately following such vacation

period, unless such absence is for a reason the Employer finds to

be valid, such as receiving pay for sick days.

ARTICLE 7 VACATIONS

Section 7.1 Amount

Employees shall be eligible for paid vacations as of January

1 of each year following the year in which they were employed. An

employee will earn the following amounts of paid vacation, based on

such employee's continuous service prior to July 1/ following

his/her January l, eligibility.

Continuous Service Prior to July 1 Vacation

Less than 6 years 13 days

20 175845.1

6 years or more, but less

than 14 years 18 days

14 years or more 2 3 days

After 24 years 24 days

After 25 years 25 days

Section 7.2 Pro Rata Vacations

An employee shall be eligible for pro rata vacation if:

1. The employee did not have twelve (12) months of

continuous service in the preceding calendar year and is

on the payroll as of January 1 of the current calendar

year; or

2. The employee was separated from employment, other than

for cause, during a calendar year in which the employee

did not have twelve (12) months of continuous service.

The amount of pro rata vacation is determined by dividing the

number of months of continuous service the full-time employee

worked in the previous/current calendar year, whichever is

applicable, by twelve (12); the resulting figure is multiplied by

the amount of paid vacation for which the employee is eligible in

Section 7.1 above. Any fraction is rounded off to the nearest

whole number of days. Employees separated from employment, other

than for cause, will be paid on a supplemental payroll as soon as

practicable following the last day worked.

Part-time employees who work at least eighty (80) hours per

month earn vacation on a pro rata basis calculated in accordance

2 1 175845.1

with the formula used by the Employer in accordance with past

practice.

Section 7.3 Forfeiture of Vacation

All earned vacation leave shall be forfeited unless (1) the

employee was denied vacation by the employer, or (2) the employee

elects in writing to carry over up to three such vacation days for

use individually or consecutively during the next vacation year,

provided that notice of such election shall be given to the

employer before December 15 of the vacation year. Such carry over

vacation days must be scheduled upon mutual agreement of the

employer, which agreement shall not be unreasonably denied or

withheld, and such carry over days must be taken on or before April

3 0 of the next vacation year. Employees on duty disability shall

retain any vacation leave earned prior to being placed on duty

disability leave, together with all vacation time earned during the

period of duty disability for the twelve (12) months following the

date in which the person became disabled, and shall be entitled to

use such vacation time within twelve (12) months following their

return to work.

Section 7.4 Employees Laid-Off or Discharged

Employees who are terminated for cause are not entitled to any

vacation pay not taken. Employees shall not earn vacation credit

for any period during which they are on layoff or leave of absence

without pay in excess of thirty (3 0) days (except where such leave

22 175845.1

was adjudged eligible for duty disability) or engaged in conduct in

violation of Article 12 of this Agreement. In the event of the

death of an eligible employee, the surviving widow, widower or

estate shall be entitled to any vacation pay to which the deceased

employee was entitled.

Section 7.5 Rate of Pay

The rate of vacation pay shall be computed by multiplying the

employee's straight time hourly rate of pay in effect for the

employee's regular job at the time the vacation is being taken,

times eight (8) hours per day, times the number of days' vacation

to which the employee is entitled. Salaried employees shall

receive their regular salary in effect at the time the scheduled

vacation is taken.

Section 7.6 Selection

Vacation picks will be granted by classification seniority,

provided however, the Department Head shall have the right to

determine the number and scheduling of crews and employees who can

be on vacation at any one time without hindering the operation of

the Department. The Department will not designate any time or

period during the calendar year when eligible employees would be

prohibited from scheduling and taking vacation time.

Employees shall make vacation picks at a time and in the

manner currently provided for by their Department. The Department

will respond to the employees' request for specific vacation dates

23 175845.1

within a reasonable period of time after the request is made, but

not more than fourteen (14) days from the date the request is

received by the Department, except in cases where the request is

made for a vacation to be scheduled within fourteen (14) days. The

Department will not arbitrarily cancel an approved vacation

selection absent a severe emergency situation caused by an act of

God (e.g., snow, flood, storms), a severe manpower shortage which

may seriously hinder the Department's operations, or where an

employee possesses a unique skill indispensable to the immediate

performance of a Department's operation. Any such cancellation of

the vacation pick shall result in the payment of the vacation pay

(thereby reducing the total of the employee's accrued vacation

time) plus payment to the employee of the appropriate pay rate for

all hours worked as if it were a normal work day, or for a normal

work day, whichever is greater, unless the employee voluntarily

agrees to reschedule the vacation days lost.

Cancellation of approved vacation requests which would

result in serious provable financial loss to an employee shall

occur only in the most extreme emergencies. In the event of such

cancellation, the Employer will reimburse the employee for

reasonable losses incurred as a direct result of the cancellation,

(e.g., cost of rescheduling airline tickets, deposit forfeitures,

and the like).

24 175845.1

Section 7.7 Reciprocity with Other Agencies

Any employee of the City of Chicago hired prior to February

13, 1986 who has rendered service to the County of Cook, the

Chicago Park District, the Chicago Housing Authority, the Forest

Preserve District, the Metropolitan Sanitary District of Greater

Chicago, the State of Illinois, the Chicago Board of Education, the

City Colleges of Chicago, Community College District 508, the

Chicago Transit Authority, the Public Building Commission of

Chicago, the Chicago Urban Transportation District, and the

Regional Transportation Authority, shall have the right to have the

period of such service credited and counted for the purpose of

computing the number of years of service as an employee of the City

for vacations, provided that such service has been continuous

service. However, vacation time accrued while working for another

public agency is not transferable. Employees hired after February

13, 1986 who render service for any other employer as stated above

shall have the right to have the period of such service credited

and counted for the purpose of computing the number of years of

service as an employee of the City for vacations, provided a

majority of other employees of the Employer receive such credit.

Section 7.8 Non-Consecutive Vacation Days

Employees may receive up to five (5) of their vacation days,

one or more day(s) at a time, as days off in each year. Such days

off shall be scheduled pursuant to Section 7.6 above. Such day(s)

25 175845.1

off shall be approved by the employee's supervisor and such

approval shall not be unreasonably withheld. If the employee seeks

such days so late in the vacation year that the employee's

supervisor cannot reasonably grant the employee's request, such

days shall be scheduled by the Employer prior to the year-end.

Employees may designate and use at their option up to five (5)

of their vacation days in each year of this Agreement as sick days

to cover periods of bonafide medical illness. The Employer

reserves the right to ask the employee to furnish proof of said

illness. An employee desiring to use vacation days as sick days

under this provision shall inform the representative of the

Employer who employees are told is designated for such purposes of

that fact at the time he/she calls in to report an illness.

Salaried employees who currently are receiving sick days under this

Agreement shall be ineligible to use vacation days as sick days

while they have available unused sick days.

ARTICLE 8 CONTINUOUS SERVICE

Section 8.1

Continuous service means continuous paid employment from the

employee's last date of hire, without a break or interruption in

such paid employment. In addition, an employee earns continuous

service credit even though he or she is not paid for:

1. An unpaid leave of absence of one year or less or a

layoff of thirty (30) days or less; or

2 6 175845.1

., • . • . . • * * f

2. An absence where the employee is adjudged eligible for

duty disability compensation.

Section 8.2 Interruption in Service

(a) Non-seasonal employees who work a minimum of eighty (80)

hours per month shall be credited with continuous service for the

time worked. Continuous service credit will not be earned for:

(1) absence without leave

(2) absence due to suspension

(3) Unpaid medical leave of absence for more than 3 0

days or layoff for more than 3 0 days, unless

employees are allowed to accumulate seniority under

this Agreement.

(b) Seasonal employment of 12 0 days or less in any calendar

year shall not be credited toward continuous service for the time

worked.

(c) Seasonal employment in excess of 12 0 days in any calendar

year shall be credited toward continuous service.

Section 8.3 Reciprocity

Employees hired prior to February 13, 1986 who have rendered

service to the County of Cook, the Chicago Park District, the

Forest Preserve District, the Chicago Housing Authority, the

Metropolitan Sanitary District of Greater Chicago, the State of

Illinois, the Chicago Board of Education, City Colleges of Chicago,

Community College District 508, the Chicago Transit Authority,

27 175845.1

Public Building Commission of Chicago, the Chicago Urban

Transportation District and the Regional Transportation Authority

shall have the period of such service credited and counted for the

purpose of advancement within longevity salary schedules. However,

employees hired after February 13, 1986 who render service for any

other employer as stated above shall have the right to have the

period of such service credited and counted for the purpose of

advancement within longevity salary schedules provided a majority

of other employees of the Employer receive such credit.

Section 8.4 Break In Service

Notwithstanding the provisions of any ordinance or rule to the

contrary, continuous service of an employee is broken, the

employment relationship is terminated, and the employee shall have

no right to be rehired, if the employee quits, is discharged,

retires, is absent for five (5) consecutive work days without

notifying the employee's authorized Employer representative unless

the circumstances preclude the Employee, or someone on his behalf,

from giving such notice, does not actively work for the Employer

for twelve (12) months (except for approved full time Union

representative leaves or medical leaves of absence and duty

disability leaves) , or is on layoff for more than twelve (12)

consecutive months if the employee has less than five (5) years of

service at the time of the layoff, or is on layoff for more than

28 175845.1

two (2) years if the employee has five (5) or more years of service

at the time of the layoff.

Section 8.5 Probationary Employment

New employees will be regarded as probationary employees for

the first six (6) months of their employment and will receive no

seniority or continuous service credit during such probationary

period. Probationary employees continuing in the service of the

Employer after six (6) months shall be career service employees and

shall have their seniority date made retroactive to the date of

their original hiring. Probationary employees may be disciplined

or discharged as exclusively determined by the Employer and such

Employer action shall not be subject to the grievance procedures,

provided that, if the Employer, within its discretion, rehires a

former employee who did not complete his/her probationary period

within one year from the employee's termination, and said former

employee had served ninety (90) days or more of his/her

probationary period, all time previously served in the probationary

period shall be counted for purposes of determining when the said

employee completes his/her probationary period. A probationary

employee who has served ninety (90) days or more of his/her

probationary period and who is laid off shall be given preference

over other applicants for employment in the same job title in the

department from which he/she was laid off, so long as he/she does

29 175845.1

not refuse an offer of employment, and does not suffer a break in

service under Section 8.4 of this Agreement.

Probationary employees shall not be eligible for dental or

vision insurance but shall receive all other benefits under this

Agreement. Probationary employees shall be compensated at the same

rate as career service employees.

Section 8.6 Seasonal Employment

A seasonal employee is an employee who is employed in a job

title for a period not to exceed 180 calendar days for temporary

work related to or caused by seasonal needs. Such appointments

shall expire automatically at midnight of the 180th day. Such

employees may be reappointed for temporary work related to or

caused by seasonal needs, with the written concurrence of the

Budget Director and Commissioner of Personnel, to an additional

thirty-day term which shall expire at midnight of the 3 0th day. One

further said thirty-day reappointment for the same purposes may be

made upon similar Budget Director and Commissioner of Personnel

approval. The Employer shall notify the Union of the number and

job titles of any such reappointments. It is understood and agreed

that the hiring and retention of seasonal employees shall be at the

discretion of the Employer.

Seasonal appointees shall not become Probationary Career

Service or Career Service employees by virtue of length of service

in a seasonal appointment.

30 175845.1

Seasonal employees shall not be eligible for holidays,

vacations, sick leave for salaried employees, vision care, dental,

life and accident benefits, bereavement pay or jury duty, but will

be provided with group health insurance under the same eligibility

and conditions as other employees covered by this Agreement, except

that elective medical care and pre-existing conditions, as those

terms are defined in the standard group insurance policy, shall be

excluded.

Seasonal employees shall be compensated at the same rate as

career service employees. Seasonal employees may be disciplined or

discharged as exclusively determined by the Employer and such

Employer action shall not be subject to the grievance procedures.

Seasonal employees shall be eligible for recall to seasonal

positions in which they have accumulated either (a) four (4) months

of said seasonal service during the 1984-85 winter season, or (b)

five (5) months of said seasonal service from and after July 1,

1983, provided that such employees:

1. shall not have received a negative evaluation during

their last seasonal appointment and shall not have

received (a) more than one written warning or (b) a

disciplinary suspension in any Employer position;

2. shall be available, fit for duty and subject to the same

pre-employment screening procedures as are new applicants

for employment when recalled, and shall have the present

31 175845.1

ability without further training to immediately perform

the duties of the position to which they are recalled;

3. shall not refuse recall. Upon recall, the employee shall

promptly notify the Employer of his/her desire to return

to work and shall be available to report for employment

within seventy-two (72) hours of said notice or the

employee shall be deemed to have refused recall;

4. shall have been recalled within one year of the

expiration of their last seasonal employment; and

5. shall not have resigned or incurred a break in service

during a period of appointment.

Employees who do not meet and continue to meet all of the five

(5) conditions stated above, shall have their names permanently

removed from the recall list.

Evaluations shall not be subject to the grievance procedure,

except that the Employer shall not, after January 1, 1985, give a

seasonal employee a negative evaluation for an arbitrary or

capricious reason for the purpose of preventing the employee from

becoming eligible for recall under this Section, and, only to that

limited extent may such Employer action be subject to grievance.

A seasonal employee who is hired on an annual recurring basis

within one year of his/her last termination; and who accumulated

twelve (12) months of said seasonal service from and after July 1,

1983, shall not be a career service employee but shall receive the

32 175845.1

benefits under this Agreement which are given to probationary

employees.

Effective January 1, 2001, a seasonal employee who is hired on

an annual recurring basis within one year of his/her last

termination, and who accumulates 12 months of said seasonal

service, shall receive the benefits under this Agreement which are

given to career service employees, and shall remit full

contributions toward their health care coverage as set forth in

Article 9 below.

Effective January 1, 2 001, seasonal employees with less than

12 months of seasonal service will continue to receive their

current benefit package, but will pay a pro-rata share of the full

contribution toward their health care coverage. The amount of that

contribution shall be approximately 90% of the employee medical

contribution for career service employees. For example, the

contributions at selected salary levels per pay period are as

follows:

ANNUAL SALARY

Up to $3 0, $30,001 $40,000 $50,000 $60,000 $70,000 $80,000 Maximum

.000

rate

SINGLE 0.92529%

12.50 12.72 15.42 19.28 23.13 26.99 30.84 34.74

EMPLOYEE +1 1.42173%

19.00 19.55 23 .70 29.62 35.54 41.47 47.39 53.37

FAMILY 1.77345%

22.00 24.38 29.56 36.95 44.34 51.73 59.12 66.56

33 175845.1

The Department will provide the Union with written notice of

the names of laid off seasonal Motor Truck Drivers within fourteen

(14) days of layoff, and the names of rehired seasonal Motor Truck

Drivers within fourteen (14) days of rehire.

Section 8.7

When the Employer declares a vacancy for full-time Motor Truck

Drivers, seasonal Motor Truck Driver employees who apply and who

have recall rights under Section 8.6 of this Agreement, shall be

given preference for hire over non-employees, provided they have

the then present ability to perform the work to the Employer's

satisfaction without further training. When equally qualified,

ties between employees will be broken by seniority.

Section 8.8 Filling of Vacancies

Employees within a department who desire a change in shift,

day off group or work location of their job assignment shall

request such change in writing on the Employer's form. When

filling a vacancy, the Employer shall select the most senior (time-

in- title) employee in the job classification in the department who

has such a request on file, provided the employee has the present

ability to perform the required work without further training.

Employees may file such requests in December for the period

beginning in January and continuing through March of the following

year; in March for the period beginning and continuing through

June; in June for the period beginning in July and continuing

34 175845.1

through September/ and in September for the period beginning in

October and continuing through December. Employees filing multiple

requests and accepting a transfer shall only be allowed a single

transfer in each six (6) month period.

When filling a vacancy and where no such requests are on file,

the Employer shall post the job for bid. A copy of the posting

shall be provided to the Union no later than the first day of

posting.

Qualified employees shall be given an equal opportunity with

other applicants to bid on jobs which are declared vacant by the

Employer. The Employer shall select the most qualified applicant.

Where applicants are equally qualified, the Employer shall select

the most senior employee of those applying who has the greatest

ability to fill the needs determined by the Employer with due

regard to the Employer's efforts to ensure equal employment

opportunities. "Ability" shall be determined by the Employer based

upon performance evaluation, experience, training, proven ability

and similar criteria.

"Seniority" shall mean, for purposes of this Section, the

employee's service in the job title (time-in-title).

The successful bidder for any jobs under this Section shall

have an evaluation period, not to exceed sixty (60) days, to

demonstrate that he or she can perform the job. If the Employer

has reasonable cause based upon the employee job performance at any

35 175845.1

time during that period that the successful bidder cannot perform

the job, then the successful bidder shall be returned to the job

he/she held just prior tot he awarding of the bid, displacing, if

necessary, any employee who has been placed into said job."

The following entry level positions shall be excluded from the

bid procedure.

1. Attendant O'Hare Parking

2. Skyway Serviceman

3. Skyway Maintenance Man

4. Airport Terminal Monitor

Section 8.9 Balancing the Workforce

a) The Employer's movement of employees from one location,

shift or day off schedule to another shall not be deemed a

permanent vacancy if there is not a net increase in the number of

employees in the affected classification(s) in the affected

locations, shifts, or day off schedule.

If the Employer intends to reduce the number of employees in

a job classification at a location, shift or day off schedule and

reassign them to another location, shift or day off schedule, the

Employer shall seek volunteers among the employees in the affected

job classification, provided that the volunteers have the present

ability to perform the required work without further training.

If there are more volunteers than there are assignments, such

reassignments shall be made on the basis of seniority. If there

36 175845.1

are insufficient volunteers available, the Employer shall reassign

employees using reverse seniority provided the employees have the

present ability to perform the required work without further

training.

b) The Employer's movement of employee's from one location,

shift or day off schedule to another without said request for

volunteers, or by reverse seniority as in Section 8.9 above may be

done to meet the Operational needs of the Department or the City of

Chicago. In such circumstances, the Employer shall meet with the

Union regarding the impact of said action in accordance with the

provisions of the Illinois Labor Relations Act.

Section 8.10 Acting In A Higher-Rated Job

An employee who is directed to and does perform and who is

held accountable for substantially all of the duties and

responsibilities of a higher-rated job shall be paid at the higher

rate, retroactive to the first day of the assignment. The Employer

shall not require the performance of the duties in the higher-rated

job for a period of more than ninety (90) days, except where a

regular incumbent is on leave of absence, in which case it shall be

six (6) months. Such time limits may be extended by mutual

agreement of the parties.

If the Employer continues to require the performance of the

duties of the higher-rated job beyond this time limit, the Employer

37 175845.1

shall post and fill the job as a permanent vacancy pursuant to

Section 8.8.

The Employer shall notify the Union on a monthly basis of all

employees continuously working in a higher rated position for more

than one pay period. Such notice shall include the name of the

individual acting in said position, the name of the person being

replaced, if known, and the date which the individual began and

stopped working in said position, and the Department.

ARTICLE 9 GROUP HEALTH. VISION CARE. DENTAL. LIFE AND ACCIDENT BENEFITS

a) The Employer shall provide to employees and their eligible

dependents Group Health, Vision Care, Dental, Life ($25,000) and

Accident benefits as provided to a majority of other employees of

the City under the same terms and conditions applicable to said

other employees, provided further, said benefits shall be at no

cost to employees and their eligible dependents.

b) Employees who participate in the Employer medical care plan

or an HMO shall make the following contributions toward their

health care coverage:

1) effective July 1, 1999:

Salary Band Single Ee +1 Family

up to $30,000 12.50 19.00 22.00 $30,001 to $60,000 15.50 28.00 35.00 over $60,000 27.50 50.00 56.00

2) effective January 1, 2001, employee medical contributions are based on a composite 1.6% of base salary for single, employee and one, and family levels of coverage as specified below.

3 8 175845.1

For example, the contributions at selected salary levels per pay period are as follows:

ANNUAL SALARY

Up to $30,000 $30,001 $40,000 $50,000 $60,000 $70,000 $80,000 $89,999 $90,000 +

SINGLE 1.0281%

12.50 12.85 17.14 21.42 25.70 29.99 34.27 38.55 38.60

EMPLOYEE +1 1.5797%

19.00 19.75 26.33 32.91 39.49 46.07 52.66 59.24 59.30

FAMILY 1.9705%

22.00 24.63 32.84 41.05 49.26 57.47 65.68 73.89 73.95

All contributions shall be made on a pre-tax basis and are

payable on a per pay period basis.

c) The benefits provided for herein shall be provided

through a self-insurance plan or under a group insurance policy,

selected by the Employer. All benefits are subject to standard

provisions of insurance policies between Employers and insurance

companies.

d) A dispute between an employee (or his/her covered

dependent) and the processor of claims shall not be subject to the

grievance procedure provided for in the Agreement between the

Employer and the Union.

e) Optional coverage offered by a Health Maintenance

Organization (HMO) shall be made available to qualified employees.

The Employer may offer coverage under more than one HMO. The

employee's option of selecting an HMO is subject to conditions for

39 175845.1

eligibility set by the HMO, notwithstanding anything in this

Agreement to the contrary.

f) Where both husband and wife or other family members

eligible under one family coverage are employed by the Employer,

the Employer shall pay for only one family insurance or family

health plan.

g) The current practice of permitting employees to use

vacation or other time due during an illness in order to keep

his/her insurance in effect shall continue for the term of this

Agreement.

ARTICLE 10 LEAVES OF ABSENCE

Section 10.1 Bereavement Pay

In the event of a death in an employee's immediate family

such employee shall be entitled to a leave of absence up to a

maximum of three (3) consecutive days including the day of funeral.

Where death occurs and the funeral is to be held out of Illinois

and beyond the states contiguous thereto, the employee shall be

entitled to a maximum of five (5) consecutive days. During such

leave, an hourly employee shall receive his/her regular straight

time pay for such time as he/she is required to be away from work

during his/her regularly scheduled hours of work (not to exceed

eight (8) hours per day) . Salaried employees shall receive the

leave of absence without additional compensation.

40 175845.1

The employee's immediate family shall be defined as: mother,

father, husband, wife, brother or sister (including step or half),

son or daughter (including step or adopted), father-in-law, mother-

in-law, son-in-law, daughter-in-law, sister-in-law, brother-in-law

grandparents, grandchildren, court-appointed legal guardian, and a

person for whom the employee is a court-appointed legal guardian.

The Employer may, at its option, require the employee to submit

satisfactory proof of the relationship of the deceased to the

employee.

Section 10.2 Military Leave

Any employee who is a member of a reserve force of the United

States or of the State of Illinois, other than the National Guard,

and who is ordered by the appropriate authorities to attend a

training program or perform other duties under the supervision of

the United States or the State of Illinois, shall be granted a paid

leave of absence during the period of such activity, but not to

exceed fourteen (14) calendar days in any calendar year, provided

that the employee deposits his/her military pay for all days

compensated by the Employer with the City Comptroller.

Any employee who is a member of the National Guard of the

United States or of the State of Illinois and who is ordered by the

appropriate authorities to attend a training program or perform

other duties under the supervision of the United States or the

State of Illinois, shall be granted a paid leave of absence during

41 175845.1

the period of such activity, but not to exceed fifteen (15)

calendar days in any calendar year, provided that the employee

deposits his/her military pay for all days compensated by the

Employer with the City Comptroller.

Said paid leaves of absence shall not reduce the employee's

vacation or other leave benefits.

Section 10.3 Jury Duty Leave/Subpoena

An employee who serves on a jury or is subject to a proper

subpoena (except if the Employee is a party to the litigation)

shall be granted a leave of absence with pay during the term of

such absence, provided that the employee deposits his jury duty pay

with the City Comptroller.

Section 10.4 Sick Leave

Salaried employees who are granted paid sick leave on the

execution of this Agreement shall continue to receive the same sick

leave provisions during the term of this Agreement, so long as

he/she continued to work under a classification that was receiving

sick leave at the execution of the Agreement. This provision will

not affect any accumulated sick leave such employees may have at

the execution of this Agreement. An employee shall have the option

to use up to six (6) days of sick leave per year for the illness of

an immediate family member.

Notwithstanding the foregoing, effective January 1, 1998 and

thereafter, said employees who receive paid sick time shall accrue

42 175845.1

sick time at the rate of one (1) day for each month of employment.

In the event an employee is hospitalized, upon request of the

employee, the Employer will make available to said employee up to

the full amount of sick time the employee would have accrued for

the remainder of that calendar year as if he/she were actively

employed, in order to cover the absence resulting from the

hospitalization and recovery. Upon his/her return to work, the

employee will begin to accrue sick time with the start of the next

calendar year. The Employer reserves the right to require an

employee to provide documentation of the illness in question.

Section 10.5 Duty Disability Leave

Any employee who is absent from work due to an injury on duty

shall be granted a leave of absence. The Employer will mail the

initial Duty Disability payment within ten (10) working days upon

receipt of verified authorization from the approving authority.

Subsequent payment for eligible employees will be made once a

month. If duty disability is denied, and such denial is later

reversed, the employee shall be paid up to date the amount the

employee was eligible to receive. Employees who return from said

leaves shall be reinstated to their former job classification, if

it is vacant or if it is then occupied by an employee with lower

seniority. If the employee's former job classification is not

available because the employee would have been laid off if the

employee had not been on a leave of absence, the employee may

43 175845.1

' • - %

exercise seniority rights in accordance with and subject to the

layoff, recall and break-in-service provisions of this Agreement.

The Employer will mail the initial Duty Disability payment

within fourteen (14) days of the Employer's designated medical

officer being advised by the employee or his physician of the

occurrence of a job-related injury, provided that there is no

dispute as to employee's entitlement to Duty Disability.

Section 10.6 Personal Leave

Non-probationary employees may apply for leave of absence

without pay for personal reasons. The grant and duration of such

leaves shall be within the discretion of the Employer. Seniority

shall accumulate for employees on said leaves. Employees who

return from said leave shall be reinstated to their former job

classification, if the Employer determines it is vacant or if it is

then occupied by an employee with lower seniority. If the

employee's former job is not available because the employee would

have been laid off if the employee had not been on a leave of

absence, the employee may exercise seniority rights in accordance

with and subject to the layoff, recall and break-in-service

provisions of this Agreement.

Bargaining unit employees who have completed their first 12

months of employment and who have worked 1,250 hours in the

preceding 12 month period shall thereafter be entitled to family

and medical leave for a period of up to twelve (12) work weeks

44 175845.1

during any twelve (12) month period for any of the following

reasons:

(1) for the birth of an employee's child and to care for the

newborn child;

(2) for the placement with the employee of a child for

adoption or foster care;

(3) to care for the employee's spouse, child or parent with

a serious health condition;

(4) due to a serious health condition affecting the employee.

Such leave shall be without pay unless the employee determines

to substitute accrued paid leave for which the employee is

eligible. During any leave taken under this Article, the

employee's health care coverage shall be maintained and paid for by

the employer, as if the employee was working and seniority shall

accrue.

Any employee desiring to take leave under this Section shall

provide reasonable advance notice to the employer on a form

provided by the employer, which form shall be approved by the

Union. Reasonable advance notice shall be no less than ten (10)

days; and where advance notice cannot be provided, the employee

shall provide notice within 48 hours after the employee is able to

do so. Failure to provide the notice provided for in this Section

shall not affect the validity of the leave where the employer has

actual notice. Except as may be specifically stated in this

45 175845.1

Agreement, employees shall take leave provided for as permitted by

the provisions of the Family Medical Leave Act, including its rules

and regulations. Employees shall have a right to return to their

regular assignment and location.

Section 10.7 Medical Leave

Non-probationary employees shall be granted medical leaves of

absence upon request. Said medical leaves of absence shall be

granted for up to three (3) months, provided said leaves shall be

renewable for like 3-month periods. The Employer may request

satisfactory proof of medical leaves of absence. After the first

year, such medical leaves shall be extended in up to one-year

segments. Employees on medical leaves of absence shall return to

work promptly after their doctor releases them to return to work.

Employees who return from said medical leaves of absence

promptly after their doctor's release within one year shall be

reinstated to their former job classification if it is vacant or if

it is then occupied by an employee of lower seniority. In

addition, the Employer will return an employee to the same

geographic location of his or her previous job assignment for a

period of up to one year after the start of the leave. If the

employee's former job is not available because the employee would

have been laid off if the employee had not been on a leave of

absence, the employee may exercise seniority rights in accordance

46 175845.1

with and subject to layoff, recall and break-in-service provisions

in this Agreement.

After one year on an approved medical leave of absence,

employees who return to work promptly after their doctor's release

and who meet the following continuous service requirements shall be

reinstated as described above according to the following formula:

three (3) months of such reinstatement rights for every year of

service to a maximum of five (5) years reinstatement rights.

An employee who does not meet the above eligibility

requirements and who returns to work promptly after his/her

doctor's release after more than one year on a medical leave of

absence, shall be returned to his/her former job classification if

the job is vacant. If not, the employee will be placed on a list

for reinstatement.

Seniority shall accumulate for employees on medical leaves of

absence for only up to one year. After one year, an employee on a

medical leave of absence shall retain, but not accumulate,

seniority.

Section 10.8 Union Leave

The Employer shall grant request for leaves of absence for up

to six (6) employees for the purpose of service as Laborer

Representative or officer with the International, State, District

Council or Local Organization of the Union for the duration of

his/her appointment to the Union, provided reasonable advance

47 175845.1

notice in writing is given to the Employer. While on such leave

the employee shall not incur a break in continuous service. An

employee on said leave of absence shall not be eligible for any

benefits as an employee.

Employee's who return from Union leaves of absence shall have

the same right as an employee who returns from medical leaves of

absence.

ARTICLE 11 DISCIPLINE AND GRIEVANCE/ARBITRATION

Section 11.1 Discipline

(a) Disciplinary action including discharge, shall be

excluded from this grievance procedure. Suspensions over 10 days

and discharges shall be governed exclusively by the City of

Chicago's Personnel or Police Board Rules, whichever may be

applicable. Notwithstanding the foregoing, suspensions of 11 days

or more may be appealed to arbitration in lieu of the Personnel or

Police Board upon the written request of the Union. Disciplinary

cases which are converted from a discharge to a suspension as a

result of decision of the Personnel or Police Board do not

thereafter become arbitrable as a result of said decision. The

grievance procedure provisions herein and the Personnel or Police

Board appeals procedure are mutually exclusive, and no relief shall

be available under both. An employee who may be subject to

disciplinary action for any reason has the right to ask for a Union

48 175845.1

representative to be present at any interrogations or hearings in

accordance with said Boards' rules.

For suspensions of eleven (11) to thirty (30) days the

designated supervisor shall meet with the employee and notify

him/her of the reasons for the discipline and be given the

opportunity to respond at that meeting. If the employee requests

the presence of a Union representative at such meeting one will be

provided if conveniently available.

In the case of discharge, the employee shall be provided with

a written statement of the charges on which the discharge is based

with an explanation of the evidence supporting the charges. The

employee shall have an opportunity to - (1) respond to said charges

in writing within five (5) working days of notification of the

charge, and (2) meet with the Department Head's designee before

action is taken. A Union representative may be present at such

meeting.

(b) An employee who is subject to disciplinary action for any

impropriety or cause has the right to ask for and receive a Union

representative to be present at any interrogations or hearings

prior to being questioned. The interrogation shall take place at

reasonable times and places and shall not commence until the Union

representative arrives, provided that the Employer does not have to

wait an unreasonable time and the Employer does not have to have

the interrogation unduly delayed. An employee may be discharged

49 175845.1

for just cause before the Personnel or Police Board hearing,

provided that said employee shall be guaranteed, upon request, a

full hearing before said Board, in accordance with the said Board's

rules. It is further provided that in the event of non-egregious

offenses, not to include violent acts, criminal acts, drinking

alcohol or taking illegal drugs on the job, insubordination or work

stoppages, the employee will be given 3 0 days advance notice of

discharge, and has 7 days from receipt of the notice to appeal. If

the employee does not file an appeal within the 7-day appeal

period, the Employer may then remove the employee from the payroll.

If the employee appeals the discharge, the Personnel Board shall be

requested to set a hearing date within the 3 0-day notice period and

the employee shall remain on the payroll for the full notice

period, except if prior to completion of the 30-day notice period

(1) the Hearing Officer affirms the discharge; or (2) the employee

continues the discharge hearing; or (3) the employee withdraws his

appeal or otherwise engages in conduct which delays the completion

of the hearing. However, in no event may the employee require the

employer to retain the employee on the payroll beyond the 3 0-day

period. The Union shall have the right to have its representatives

present at either of the Board(s) or the grievance procedure,

including arbitration, and to actively participate.

(c) The Employer within its discretion may determine whether

disciplinary action should be an oral warning, written reprimand,

50 175845.1

suspension or discharge, depending upon various factors, such as,

but not limited to, the severity of the offense or the employee's

prior record. Such discipline shall be administered as soon as

practical after the Employer has had a reasonable opportunity to

fully investigate the matter and conduct a meeting with the Union

and employee. The Employer is not obligated to meet with the

employee and Union prior to taking disciplinary action where the

employee is unavailable or in emergency situations.

Demotions shall not be used as a part of discipline. Transfer

shall not be part of an employee's discipline.

In cases of oral warnings, the supervisor shall inform the

employee that he/she is receiving an oral warning and the reasons

therefore. For discipline other than oral warnings, the employee's

immediate supervisor shall meet with the employee and notify

him/her of the accusations against the employee and give the

employee an opportunity to answer said accusations. Specifically,

the supervisor shall tell the employee the names of witnesses, if

any, and make available copies of pertinent documents the employee

or Union is legally entitled to receive, to the extent then known

and available. Employer's failure to satisfy this Section 11.1

shall not in and of itself result in a reversal of the Employer's

disciplinary action or cause the Employer to pay back pay to the

employee.

51 175845.1

In the event disciplinary action is taken, che employee and

the Union shall be given, in writing, a statement of the reasons

therefore. The employee shall initial a copy, noting receipt only,

which shall be placed in the employee's file. The employee shall

have the right to make a response in writing which shall become

part of the employee's file.

Any record of discipline may be retained for a period of time

not to exceed eighteen (18) months and shall thereafter not be used

as the basis of any further disciplinary action, unless a pattern

of sustained infraction exists. A pattern shall be defined as at

least two substantially similar offenses during said 18-month

period. If an employee successfully appeals a disciplinary action,

his/her file shall so record that fact. If the appeal fully

exonerates the employee, the Employer shall not use said record of

the discipline action against the employee, or in the case of

promotions or transfers.

In any disciplinary investigation of a non-egregious offense

conducted by the investigative staff of the Office of Budget and

Management, the Employer shall notify the employee who is subject

to the disciplinary investigation of the pendency of the

investigation and its subject matter, within thirty (30) calendar

days of the Employer being made aware of the alleged rule

violation. For the purposes of this Section, the term "non-

egregious offense" shall not include inducible criminal offenses,

52 175845.1

gross insubordination, residency issues, or drug and alcohol

violations. Thereafter, the employee shall be granted a

predisciplinary hearing if requested within thirty (30) days. Any

discipline given in violation of this notice provision shall be

null and void.

In the event that a discharged employee appeals an adverse

decision of the Personnel or Police Board to the Circuit Court of

Cook County, or thereafter to the Appellate Court of Illinois, and

the decision of the Personnel or Police Board is reversed or

remanded resulting in restoration of the job, the Employer will pay

the employee's reasonable attorney's fees which he or she has

incurred in connection with the court proceeding, excluding fees

incurred before the Personnel or Police Board. The employee shall

submit a post-appeal fee petition to the Employer, which shall be

supported by full documentation of the work performed, the hours

expended, and the rates paid by the employee. Should the parties

be unable to agree on the proper amount of the fees to be paid to

the employee, either party may refer the dispute to arbitration

under the relevant provisions of this agreement.

Section 11.2 Procedure For Department Review of Disciplinary

Action Including Suspension

Step 1. Within 5 working days after an employee receives written

notice of any proposed disciplinary action, including a

suspension for ten (10) days or less which is not

appealable to the Personnel or Police Board, or in the

53 175845.1

case of suspensions of 11 or more aays which may be

appealed to arbitration in lieu of the Police or

Personnel Board upon the written request of the Union,

the Employer shall conduct a meeting with the union and

employee. Discipline shall be administered as soon as

possible after the employer has had a reasonable

opportunity to further investigate the matter as

appropriate. If disciplinary action is taken after the

meeting or further investigation, the employer may

request in writing to the department head a review of the

said disciplinary action on a form provided by the

Employer. Said request for review shall be in writing

and submitted within three (3) working days of receipt of

written notice of discipline. Said review form shall be

printed on the back of or attached to the notice of

discipline together with instructions for appeal. The

failure to submit a written request for review of

disciplinary action within three (3) working days of

receipt of notice of disciplinary action will preclude

the employee's right to review.

Within three (3) working days or any mutually agreed upon

extension after the Department Head or designee receives

the employee's request for review, the department head or

designee shall conduct a meeting to review the

54 175845.1

suspension. Failure to conduct said meeting in three (3)

days will result in automatic advancement to Step 3 and

the Union shall so notify the Employer. At the meeting,

the Department will give the basis for its action and the

employee and union representative, if any, will be heard

and provided the opportunity to ask questions. The

Department Head or designee shall render a written

decision within two (2) working days of the meeting,

except where both parties agree a further investigation

is required. The absence of such Agreement or failure to

decide and communicate such decision will result in

automatic advancement to Step 4 and the Union shall so

notify the Employer. A copy of such decision shall be

sent to the employee and the Union.

Where further investigation is agreed upon, a second

meeting shall be held between the Department Head or

designee and the employee and the Union representative to

discuss the results of the investigation. Said meeting

shall be conducted within five (5) working days of the

close of the Step 2 meeting, unless otherwise agreed by

the parties. The Department Head or designee shall

render a written decision within two (2) working days of

the second meeting. A copy of such decision shall be sent

to the employee and the Union. If the parties fail to

55 175845.1

meet within five (5) working days or a written decision

is not submitted within two (2) working days, the appeal

shall automatically proceed to Step 4 and the Union shall

so notify the Employer. Except where otherwise

indicated, the time limits set forth herein are to

encourage the prompt reviews of said disciplinary action

and failure to comply with these time limits will not

affect the validity of the said disciplinary action.

This procedure shall be the employee's exclusive remedy

for all said disciplinary action, including suspension

for ten (10) days or less, or for suspensions of 11 days

through 3 0 days which may be appealed to arbitration in

lieu of the Personnel or Police Board upon the written

request of the Union.

Step 4. If the matter is not settled at Steps 2 or 3, the Union

may submit the matter to arbitration under the terms of

this Agreement. The rules governing procedure for

arbitration shall be the same as in 11.3, Step III.

Section 11.3 Grievance and Arbitration

Except as in disciplinary provisions of 11.1 and 11.2 above,

a difference, complaint or dispute (hereinafter called a grievance)

between the Employer and the Union or any of the employees of the

56 175845.1

Employer it represents, arising out of the circumstances or

conditions of employment, shall be exclusively settled in the

following manner.

There shall be no interruption of the operation of the

Employer. It is agreed that the time limitations set forth herein

are of the essence and that no action or matter not in compliance

therewith shall be considered the subject of a grievance unless

said time limitations are extended by written agreements of both

parties to this Agreement.

Failure of the Employer to answer a grievance within the time

limits herein shall permit the Union to advance the case to the

next Step. The Union will be informed of and allowed to be in

attendance at all grievance or disciplinary hearings. The Union

shall send written notice to the Department Head notifying him/her

of automatic advancement to the next Step.

Before a formal grievance is initiated, the employee may

discuss the matter with his/her immediate supervisor. If the

problem is not resolved in discussion, the following procedure

shall be used to adjust the grievance:

Step I - Immediate Super-visor

A. The employee or the Union shall put the grievance in

writing on the form to be supplied by the Employer upon

request, but in the absence of such a form, employee or

the Union may submit the grievance in letter form, within

57 175845.1

twelve working days of either the employee or the Union

having knowledge of the event which gives rise to the

grievance. The employee or the Union will indicate what

Section and part of the Agreement is in violation and the

requested remedy, and submit the grievance to the

employee's immediate supervisor. It is understood that

if the employee has knowledge of the grievance more than

twelve working days than the Union, the Union shall not

thereafter file any grievance concerning that same issue

with the Employer.

B. Within five (5) working days of the written grievance,

the immediate supervisor will notify the employee and the

Union in writing of the decision.

II

A. If the grievance is not settled at Step I, the Union

representative and/or the employee shall have the right

to make an appeal in writing to the Department Head/or

the Department Head's designee within seven (7) working

days after the date of receipt of the decision or the

date it was due under Step I, by the immediate

supervisor. The name of the Department Head designee

shall be posted for employees in areas where employee

notices are normally posted and submitted to the Union.

Failure to post and so notify the Union will permit

58 175845.1

immediate advancement to arbitration unless corrected

within two (2) working days of notice of failure to post.

B. The Department Head or the Department Head designee will

notify the employee and Union in writing with a copy to

the Union of his/her decision within seven (7) working

days of receipt of the Step II appeal.

C. Any settlement at Step I or II shall be binding upon the

Employer, Union and the aggrieved employee or employees.

Grievances may be withdrawn without prejudice at any Step

of the grievance procedure if mutually agreed.

D. If the grievance is not settled at the second Step, the

Union or the Employer may request final and binding

arbitration by serving written notice on the other within

ten (10) working days from receipt of the Employer's Step

II decision or the date it was due.

E. If the grievance or arbitration affects more than one

employee, it may be presented by a single selected

employee representative of the group or class. A class

action shall be identified to the Employer at Step I or

as soon as practicable. The resolution of a grievance

filed on behalf of a group of employees shall be made

applicable to all of the affected employees within that

group.

59 175845.1

F. Even though a grievance has been filed, employees are

obligated to follow instructions or orders of supervisors

or the Employer, except where the instruction or order is

so inherently dangerous to the employee that it could

cause death or serious physical harm. The Employer

agrees that by following instructions or orders the

employee does not waive his/her right to process the

grievance. Refusal to follow instructions or orders

shall be cause for discipline.

Stem III - Arbitration

If the matter is not settled in Step II the Union or the

Employer, but not an individual employee or employees, may submit

the dispute to arbitration by serving a written request to

arbitrate, setting forth the facts and specific relief requested,

within ten (10) working days after the answer is given or due at

Step II hereof.

Within five (5) days of serving the request for arbitration,

or as soon thereafter as the parties mutually may agree, the Union

shall have the right to convene a meeting with the Employer's

designated representative in an attempt to resolve the grievance

prior to any further action being taken to advance the matter to

arbitration. At such meeting, the Union shall set forth in writing

the facts of the matter in dispute and the relief requested. The

Employer will respond to the grievance in writing by giving the

60 175845.1

reasons which it contends support its position with respect to the

grievance. In the event the parties are unable at such meeting to

resolve the grievance, the Union and the Employer will proceed with

the selection of an arbitrator as provided below.

Either party may submit the grievance to arbitration by

serving a written request to arbitrate to the Federal Mediation and

Conciliation Service under the rules of that tribunal with a copy

to the other party. The foregoing shall not prevent the Employer

and Union from mutually agreeing to the selection of an arbitrator.

The panel of arbitrators submitted must agree as a whole to

commencement of a hearing within sixty (60) days of selection and

that they will render a decision within thirty (30) days of the

close of hearing. Any extension of those time limits must be by

written consent of the Union and the Employer. The failure of

either side to agree to an extension of time shall not be disclosed

to the arbitrator.

Arbitrators will advise the parties of their fees and expenses

prior to selection and such fees and expenses shall be borne

equally between the Union and the Employer. The arbitrator shall

have the right to subpoena witnesses and require the production of

pertinent documents at the request of either party. Each party

shall be responsible for compensating its own representatives and

witnesses. The cost of a transcript shall be borne by the party

61 175845.1

requesting the reporter unless the parties agree to share such

costs.

An arbitrable matter must involve the meaning and application

or interpretation of a specific provision of this Agreement or a

document incorporated by reference thereto. The provisions of this

Agreement and any other document incorporated by reference to this

Agreement shall be the sole source of any rights which either party

may assert in arbitration. Questions of arbitrarily shall be

decided by the arbitrator. The arbitrator shall have no power to

amend, add to, subtract from, or change the terms of this

Agreement, and shall be authorized only to interpret the existing

provisions of this Agreement and apply them to the specific facts

of the grievance or dispute.

The decision of the arbitrator shall be based wholly on the

evidence and arguments presented to him by the parties in the

presence of each other. No arbitration hearing shall be held

unless both parties are present. The decision of the arbitrator

shall be final and binding on all parties to the dispute, including

the employee or employees involved. Where timeliness is in

dispute, it shall be decided by the arbitrator.

A- Advanced Grievance Step Filing

Certain issues which by nature are not capable of being

settled at a preliminary Step of the grievance procedure or which

would become moot due to the length of time necessary to exhaust

62 175845.1

the grievance steps, or which the Union believes which would be

resolved more expeditiously, may be filed at the option of the

grievant/Union at Step II.

B. Pertinent Witnesses and Information

The Union may request the production of specific

documentation, books, papers or witnesses reasonably available from

the Employer and substantially pertinent to the grievance under

consideration. Such request shall not be unreasonably denied, and

if granted shall be in conformance with applicable laws and rules

issued pursuant thereto governing the dissemination of such

materials.

A Union representative, a grievant, and Union steward will be

permitted a reasonable amount of time without loss of pay during

working hours to investigate and process grievances where this does

not substantially interfere with the efficient operation of the

Department, provided that representatives shall observe the

Employer's reasonable visitation rules for Union representatives.

The steward shall notify his/her immediate supervisor for

permission to handle grievances on work time, it being understood

that the operation of the Department takes precedence unless there

is an emergency, but such permission shall not be denied

unreasonably. A reasonable number of employees may attend the

meeting without loss of pay; such meetings shall be set by mutual

agreement by the Employer and the Union. Where the Employer

63 175845.1

directs an employee to report for a meeting concerning a grievance

at a time when the employee is not scheduled to work such time

shall be considered time worked.

If there is space available, the Employer, upon request of the

Union representative, shall provide the use of a room and

telephone, to discuss the grievance, subject to the Employer's

reasonable rules for the Union's use of such facilities.

Section 11.4 - Conduct of Disciplinary Investigations

Supplementing all rights and processes due employees covered

by this Agreement who may be the subject of a disciplinary

investigation by the Inspector General, the interview will be

conducted in the following manner:

A. The interview of the employee shall be scheduled at a

reasonable time, preferably while the employee is on

duty, or if feasible, during day shift hours.

B. The interview, depending upon the allegation, will take

place at the employee's location of assignment, normal

department location or other appropriate location.

C. Prior to an interview, the employee under investigation

shall be informed of the person in charge of the

investigation, the identity of the interviewer and all

persons present during the interview. When a formal

statement is being taken, all questions directed to the

64 175845.1

employee shall be asked by and through one interviewer at

a time.

D. The length of the interview sessions will be reasonable,

with reasonable interruptions permitted for personal

necessities.

E. At the beginning of the interview, the employee shall be

informed of the nature of the matters to be discussed.

F. An employee under investigation shall not be threatened

with transfer, dismissal or disciplinary action, or

promised a reward, as an inducement to provide

information relating to the matter under investigation,

or for exercising any rights contained in this Agreement,

provided, however, that this Section shall not prohibit

or prevent an accurate reading of the employee's

administrative rights, or the imposition of discipline in

accordance therewith.

G. An employee under investigation will be provided without

unreasonable delay with a copy of any written statement

the employee has made.

H. (1) If the allegation under investigation indicates a

recommendation for discipline is probable against the

employee, said employee will be given the statutory

administrative proceedings rights prior to the

commencement of the interview. (2) If the allegation

65 175845.1

indicates that criminal prosecution may be probable

against said employee, the provisions of this Section

shall be inapplicable and said employee will be afforded

his constitutional rights concerning self-incrimination

prior to the commencement of the interview. An employee

will not be read his/her administrative and Miranda

rights during the same interview.

I. At the request of the employee under investigation, an

employee who may be subject to discipline shall have the

right to be represented in the interview by a

representative of the Union. The employee shall be told

that he/she has the right to Union representation before

commencement of the interview. The interrogation shall

be suspended until representation can be obtained,

provided the suspension is not for an unreasonable time

and the Employer does not have the interview unduly

delayed.

J. The Employer shall not compel an employee under

investigation to speak or testify before, or to be

questioned by, any non-governmental agency relating to

any matter or issue under investigation.

K. The results of a polygraph examination shall not be used

against an employee in any forum adverse to the

employee's interests. The Employer will not require a

66 175845.1

polygraph examination if it is illegal to do so. If an

employee is asked to take a polygraph examination, he/she

will be advised in writing 24 hours prior to the

administration of the examination. The results of any

polygraph examination shall be known to the employee

within one week.

L. This section shall not apply to employee witnesses.

M. The identity of an employee under investigation shall not

be made available to the media during the course of an

investigation until charges are filed by the Employer and

the employee has the opportunity to respond thereto. If

an employee is exonerated after the City initially

informed the media of the charges against the employee,

the City will make that fact available to the media where

the employee requests it.

N. In the event that disciplinary action is taken against an

employee, any allegations of violations of this Section

shall be heard in connection with, and in the same forum

as, grievances which protest said disciplinary action,

except as provided in paragraph 0(2) below. If no

disciplinary action is brought against the employee

following the conclusion of the Inspector General's

investigation, no grievance concerning the conduct of the

investigation shall exist.

67 175845.1

0. (1) Any evidence or information including employee

statements that is obtained in violation of the rights

enumerated in this Section, shall be suppressed and shall

not be used by the Employer for any disciplinary action

against the employee, or in the case of promotions or

transfers.

(2) (a) Notwithstanding the provisions of paragraph N

above, at the option of the Union, a claim that the

Inspector General has violated the provisions of this

Section may be raised in a suppression hearing before a

member of the permanent hearing panel listed herein,

rather than in the disciplinary hearing as required in

paragraph N above.

(2) (b) (1) The Union may exercise this option by notifying

the employee's Department Head and the Employer's Law

Department in writing not later than ten (10) calendar

days before an arbitration or the Personnel or Police

Board hearing, in accordance with the foregoing

provisions of this Agreement. The appeal shall specify

the particular contract provisions allegedly violated,

together with a factual summary of the conduct alleged to

have violated the Agreement. It is understood that by

exercising this option, any and all time limits set forth

in Chapter 2-74-060 of the Municipal Code of the City of

68 175845.1

Chicago regarding the Personnel Board hearing shall be

tolled until the arbitrator renders a decision as

provided below.

(2) Upon receipt of said notice, the parties will

select in order of rotation one of the three permanent

hearing panel members who are chosen as follows. To be

eligible for service on this panel, members must be

willing to convene a suppression hearing within thirty

(30) days of receiving notice of his or her selection.

To select the initial panel, or should any member of the

panel resign or be removed upon mutual agreement of the

parties during the life of this Agreement, the parties

will meet to reach agreement on new panel member who must

be an arbitrator listed with the Federal Mediation and

Conciliation Service. If no agreement can be reached,

the Employer will request a panel of seven (7)

arbitrators from FMCS, all of whom must be members of the

National Academy of Arbitrators. Thereafter, the parties

will meet to strike names from the list, with the

Employer striking first, until one name remains, which

person shall be named to the panel.

2 (c) The suppression hearing shall be convened within

thirty (30) calendar days of the selection of the panel

member, or at such other time as the parties may mutually

69 175845.1

agree. The arbitrator's jurisdiction shall be limited to

determining if the Inspector General obtained evidence or

statements in violation of paragraph 0(1) above, and if

such evidence should be suppressed. The arbitrator shall

have no authority to rule on the merits of any underlying

discipline or take any other action beyond that

specifically set forth in this subparagraph.

2(d) The panel member shall render an expedited decision

which shall be final and binding upon the parties. It

shall not be subject to collateral attack in any further

disciplinary proceeding involving the employee in

question.

P. Notwithstanding any other provision in this Section to

the contrary, no interview by the Inspector General will

be conducted at a police station or other correctional

facility unless the employee works at the police station

or correctional facility, or if the employee has been

incarcerated for more than 72 hours.

ARTICLE 12 NO STRIKES-NO LOCKOUT

Section 12.1

The Union agrees that during the life of this Agreement, there

shall be no strikes (including, but not limited to sympathy strikes

and strikes to protect union or third party conduct), work

stoppages, slowdowns, picketing, or delays of work of any kind.

70 175845.1

Section 12.2

The Union agrees that it will use its best efforts to prevent

any acts forbidden in this Article and that in the event any such

acts take place or are engaged in by any employee or group of

employees in the Union's bargaining unit, the Union further agrees

it will use its best efforts to cause an immediate cessation

thereof. If the Union immediately takes all necessary steps in

good faith to end any stoppages, strikes, picketing, intentional

slowdown or suspension of work, including: (a) publicly disclaiming

such action as not called or sanctioned by the Union, and (b)

posting notices in conspicuous places which notify involved

employees that the action was not called or sanctioned by the

Union, in addition to instructing employees to immediately cease

such activity, the Employer agrees that it will not bring action

against the Union to establish responsibility for such unauthorized

conduct.

Section 12.3

The Employer may terminate the employment of or otherwise

discipline any employee or employees who have been found to have

engaged in any act forbidden in this Article.

Section 12.4

The Employer will not lock out bargaining unit employees

during the term of this Agreement.

71 175845.1

ARTICLE 13 DUES CHECK-OFF AND FAIR SHARE

Section 13.1

The Employer, upon receipt of a validly executed written

authorization card, shall deduct Union dues and initiation fees

from the payroll checks of all employees so authorizing the

deduction in any amount certified by the Union, and shall remit

such deductions on a monthly basis to the Union. Authorization for

such deductions shall be irrevocable unless revoked by written

notice to the Employer and the Union during the fifteen (15) day

period prior to the expiration of this Agreement. The Union shall

indemnify, defend and hold the Employer harmless against any and

all claims, demands, suits or other forms of liability, including

damages, attorney's fees and court or other costs, that shall arise

out of, or by reason of action taken or not taken by the Employer

for the purpose of complying with Sections 13.1, 13.2, 13.3, 13.4

and 13.5 of this Article, or in reliance on any list, notice,

certification or assignment furnished under any of such provisions

or in reliance upon employee payroll deduction authorization cards

submitted by the Union to the Employer.

The Employer shall provide to the Secretary-Treasurer and the

President of the Union within thirty (30) days, name, address,

classification, rate of salary and starting date of any new

employee hired into the Union's bargaining unit.

72 175845.1

Section 13.2

It is further agreed that thirty (30) days after the later of

the execution of the Agreement or the employee's date of hire, the

Employer shall deduct from the earnings of employees who are not

members of the Union, a monthly amount as certified by the Union

and shall remit such deductions to the Union at the same time that

the dues check-off is remitted or on a monthly or quarterly basis

as directed by the Union under terms and procedures as shall be

agreed upon in negotiations between the Employer and Union. It is

understood that the amount of deduction from said non-member

bargaining unit employees will not exceed the regular monthly union

dues and represents the employee's fair share cost of the

collective bargaining process, contract administration and pursuing

matters affecting wages, hours and other conditions of employment.

Section 13.3

Nothing in this Agreement shall be inconsistent with Section

6(g) of the Illinois Public Labor Relations Act in protecting the

right of non-association of employees based upon the bona fide

religious tenets or teachings of a Church or other religious body

of which such employees are members.

Section 13.4

Each employee who on the effective date of this Agreement is

a member of the Union, and each employee who becomes a member after

73 175845.1

that date, shall, as a condition of employment, maintain his/her

membership in the Union during the term of this Agreement.

Any present employee who is not a member of the Union shall,

as a condition of employment, be required to pay a fair share (not

to exceed the amount of Union dues) of the cost of the collective

bargaining process and contract administration. All employees

hired on or after the effective date of this Agreement and who have

not made application for membership shall be required, thirty (30)

days after the later of the execution of this Agreement or their

hire date, to pay a fair share of the cost of the collective

bargaining process and contract administration and pursuing matters

affecting wages, hours and other conditions of employment.

Section 13.5

The Employer agrees to deduct from the pay of those employees

who individually request it voluntary contributions to DRIVE.

DRIVE shall notify the Employer of the amounts designed by each

contributing employee that are to be deducted from the employee's

paycheck on each payday, provided that all employees contribute in

the same amount. The Employer shall transmit such deductions to

DRIVE National Headquarters on a monthly basis along with the name

of each employee on whose behalf a deduction is made, the

employee's Social Security number and amount deducted from the

employee's paycheck. The Union shall reimburse the Employer on an

74 175845.1

annual basis for the Employers' actual cost of the expenses

incurred in administering this deduction.

ARTICLE 14 MISCELLANEOUS

Section 14.1 Job Titles

The Employer will notify the Secretary-Treasurer and the

President of the Union of any change in job title. If the Employer

makes any substantial change in job duties it will discuss such

changes with the Union prior thereto. If the Employer changes a

job title without substantially changing the duties of the job, the

Union will retain its existing jurisdiction over the new job title.

The Employer will not permanently assign bargaining unit work to

the jurisdiction of another bargaining unit without the mutual

agreement of the unions involved.

Section 14.2 Traditional Work

Any work which has been traditionally performed by employees

who are represented by the Union shall continue to be performed by

said employees, except where non-unit employees have in the past

performed unit work, or in emergencies, to train or instruct

employees, to do layout, demonstration, experimental, or testing

duties, to do troubleshooting or where special knowledge is

required, provided however, where employees do not report to work

because of vacations, or other absences or tardiness, or for

personal reasons during the course of the day, or because all of

the employees are or will be occupied with assigned duties, or to

7 5 175845.1

complete a rush assignment, employees of any other unit represented

by another Union will not perform the work of said employees. For

example, if a Motor Truck Driver is on vacation, a Plumber shall

not be assigned as a replacement Motor Truck Driver. The Employer

shall not arbitrarily extend the period of any emergency beyond the

need for that emergency.

Section 14.3 Jurisdictional Disputes

In the event that the Union files a grievance claiming that

the Employer has violated the terms of this Agreement by assigning

certain work to City employees represented by another union, or

where the Employer receives a grievance from another union

protesting the assignment of work to employees covered under this

Agreement, the Employer shall serve written notice to the Union,

and on the other affected union (s), of the existence of said

dispute. This notice shall describe the nature of the work in

dispute.

In the event this dispute remains unresolved and is submitted

to arbitration, the provisions of Article 11 herein regarding

arbitration of grievances shall apply, except that in addition to

the Employer and the Union, the other affected union(s) shall have

the opportunity to participate in the hearing and to present

evidence, but shall not be bound to the results of that arbitration

unless all parties so agree in advance of the hearing.

16 175845.1

If the Union shall prevail in said arbitration and is awarded

the work in dispute, and if, in that event, the other affected

union(s) shall pursue a claim against the Employer that the

reassignment of the work in dispute violates the Agreement of that

other union, the provisions of this Section shall apply to that

claim as well. All parties to the dispute shall have the right to

participate in any arbitration hearing of that claim and to present

evidence therein. Should the arbitrator in the second proceeding

determine that the Employer's reassignment of the work in dispute

violates the other union(s)' Agreement, thereby requiring the

Employer to comply with two conflicting arbitration decisions as

to which of the unions is entitled to perform the disputed work,

the following provisions shall apply.

The Employer shall have the right to invoke arbitration of the

dispute under the provisions of the grievance and arbitration

procedures contained in Article 11 of this Agreement, except that

the Union and the other affected union(s) shall select the

arbitrator. The Employer, the Union and the other affected

union(s) shall be parties to that proceeding, and shall have the

right to fully participate in the hearing. During the pendency of

this proceeding, the work assignment directed by the first

arbitrator shall be followed by the parties. The arbitrator shall

have the authority to decide only which of the two conflicting

awards shall prevail. The arbitrator's decision shall be based

77 175845.1

solely upon the prior arbitration awards, the record before both

prior arbitrators, and the traditional work and other relevant

provisions of this Agreement and of the collective bargaining

agreement of the affected union(s). No other evidence or testimony

shall be admitted in that hearing. The decision of the arbitrator

in this proceeding shall be final and binding upon all parties to

the dispute, and none of the parties to the dispute shall seek

review of that award in any other judicial or administrative forum.

Nothing herein shall preclude all parties to the dispute from

voluntarily resolving it at any time.

Section 14.4 Deferred Compensation

The Employer's policy which is in effect at the execution of

this Agreement, pertaining to Deferred Compensation, shall be

afforded to all employees of the Employer without change during the

term of this Agreement.

Section 14.5 Rules of Conduct Changes

When the Employer proposes to initiate reasonable changes or

additions to its rules of conduct, which could subject employees to

discipline, the Employer shall transmit four (4) copies of the

proposed changes or additions to the Union. The Union will

consider the proposals, and upon request, the Employer will meet

with the Union within twenty (20) calendar days of the receipt of

the proposals to receive the Union's comments. Absent an

emergency, the Employer will not implement its proposed changes or

78 175845.1

additions until the Union has had a reasonable opportunity to

present its views and discuss the proposals with the Employer. No

such changes or additions shall be implemented without prior

publication and notice to the affected employees.

Section 14.6 Safety

(a) The Employer shall provide a safe and healthful working

environment for employees covered by this agreement including in

accordance with applicable federal and state occupational safety

and health laws, and shall maintain in good and safe working

condition all equipment necessary for the safe and proper

performance of the job.

(b) In furtherance of those efforts, a joint safety committee

shall be established which shall be composed of six (6)

representatives of the Union Coalition and six (6) representatives

of the Employer. The purpose of the committee shall be to discuss,

examine and to make recommendations concerning occupational safety

and health issues affecting employees. All recommendations of the

committee with respect to safety and health issues shall be

submitted in writing to the appropriate Department Head with a copy

to the Union and the Director of Labor Relations. The Department

Head shall promptly issue a written response to the committee as to

the Department's views regarding the committee's recommendations.

The parties may decide, from time to time, to refer certain

safety issues and concerns to the personnel of the affected

79 175845.1

Department(s) responsible for safety matters and Union

representatives of the affected employee(s). The Department safety

personnel will meet and confer with a representative of the

affected Union about such issues and report back to the Committee

on any decisions or recommendations concerning them.

.(c) The joint safety committee shall meet at least once a

month, or otherwise by mutual agreement.

(d) The parties agree and understand that if an employee is

faced with an unsafe working condition, the employee is required to

perform the task in question unless the employee's performance of

an assigned task presents the strong likelihood of subjecting the

employee to imminent danger of death or serious injury. If the

employee, with no reasonable alternative, refuses in good faith to

perform that task and expose himself to that dangerous condition,

the employee will not be subject to discipline. In order to avoid

discipline under this paragraph, the condition must be of such a

nature that a reasonable person, under the circumstances, would

conclude that there is a real, substantial, and imminent danger of

death or serious injury. In addition, the employee must also have

sought from the Employer, and have been unable to obtain,

correction of the situation before refusing to perform the task in

question.

80 175845.1

Section 14.7 Bulletin Boards

The Union shall have the right to bulletin board space at

locations where they can be conveniently seen and read by affected

employees. The Union shall have the right to post notices

concerning Union business on the bulletin boards.

Section 14.8 Information to Union

The Employer will provide to the Secretary-Treasurer and the

President of the Union on a monthly basis a bargaining report of

current active employees, which list shall include the employee's

name, address, social security number, title, pay schedule, grade,

current pay rate, status, continuous service date, time in title,

date of birth, race and sex.

The Employer shall also provide to the Secretary-Treasurer or

the President of the Union on a monthly basis a bargaining unit

activity report of current active employees that will list Career

Service Retirements; Career Service Resignations; Career Service

Discharges; Non-Career Service Terminations; Leaves of Absence;

Suspensions; Reinstatements; Reappointments; Transfers (Change of

department and change of payroll); Appointments (which includes

promotions and demotion); and Deaths. The Employer will provide

the Union with copies of bid forms for each job posting within

fourteen (14) days of the close of bidding for that job.

81 175845.1

Section 14.9 Volunteer Work

There shall be no volunteer unit work (without pay) except for

civic City parades.

Section 14.10 Transfers Between Departments

Employees desiring to transfer between Departments shall

request such transfers on a form supplied by the Employer. The

request shall be submitted to the Department to which the employee

desires to be transferred and the Department from which the

employee wishes to leave. Upon the agreement of the respective

Department Heads, the transfer request shall be granted. In the

event that a transfer is denied, the employee will be informed

within a reasonable time of the denial of the transfer. Nothing

herein shall preclude individuals from arranging one for one

transfers among themselves with the agreement of their respective

Department Heads.

Section 14.11

The Employer will continue its past practice of having two (2)

operators on big tow trucks (wrecker equipment), except when the

assignment is geographically nearby, in which event, one operator

may be used on the assignment provided the assignment is not so

inherently dangerous to the employee that it could cause death or

serious physical harm.

82 175845.1

Section 14.12 Labor-Management Committee

For the purpose of conferring on matters of mutual interest

which are not appropriate for consideration under the grievance

procedure, the Union and the Employer agree to meet periodically

through designated representatives at the request of either party

and at mutually agreed upon times and locations. The Union and the

Employer shall each designate not more than four (4)

representatives to a labor-management committee for this purpose.

The Director of Labor Relations shall be sent a written agenda by

the Union for any meeting seven (7) days prior to said meeting.

Section 14.13 Automobile Reimbursement

Employees who are required by the Employer to use their own

automobiles in the performance of their job shall receive mileage

reimbursement at the then effective rate recognized by the Internal

Revenue Service, with a maximum of $2 00 per month. On the

effective date of this Agreement, the maximum reimbursement will

increase to $250. Employees seeking mileage reimbursement must

submit that request as a form provided by the Employer. Payment

for mileage expenses will be made on a monthly basis. In the event

that during the life of this Agreement the Employer shall implement

for any group of employees an automobile expense reimbursement

program which is more favorable to employees than the provisions

of this paragraph, upon notice from the Union, the Employer will

meet and discuss with representatives of the Union the possible

83 175845.1

application of said new program to employees covered by this

Agreement.

Section 14.14 - Uniforms

The Employer will make arrangements for the furnishing of four

(4) uniforms per year to employees assigned to booting duties,

motor truck drivers assigned to Loop towing, and Police Department

employees who are required to wear uniforms.

ARTICLE 15 LAYOFFS & RECALL

Section 15.1 Order of Layoffs

Probationary employees with more than ninety (90) days of

service shall be laid off first. Thereafter, the least senior

employee in the affected job classification shall be laid off

first, provided the ability, qualifications to perform the required

work, and the employee's job performance are equal among the other

employees in the job and further provided, the layoff does not have

a negative effect on the Employer's efforts to ensure equal

employment opportunities. "Seniority" shall mean, for purposes of

this Section, the employee's service in the job title (time-in-

title) city-wide.

A laid-off employee may displace (bump) the least senior

employee, if any, in the most recent lower job title the employee

to be laid off has held, provided the employee to be laid off has

the then present ability to perform the job to the Employer's

satisfaction without further training; e.g., a Foreman can displace

84 175845.1

an employee in a Motor Truck Driver job he/she previously had held

or a General Foreman may displace an employee in a Foreman job

he/she previously had held.

Section 15.2 Recall

Employees shall be recalled in reverse order of layoff.

ARTICLE 16 SEPARABILITY

In the event any of the provisions of this Agreement shall be

or become invalid or unenforceable by reason of any Federal or

State Law or local ordinance now existing or hereinafter enacted,

such invalidity or unenforceability shall not affect the remainder

of the provisions hereof. The parties agree to meet and adopt

revised provisions which would be in conformity with the law.

ARTICLE 17 UNION REPRESENTATION

Section 17.1 Union Representatives

The Union will advise the Employer in writing, of the names of

the Representatives in each department or area agreed upon with the

Employer and shall notify the Employer promptly of any changes.

Representatives will be permitted to handle and process

grievances referred by employees at the appropriate steps of the

grievance procedure during normal hours, without the loss of pay,

provided that such activity shall not exceed a reasonable period of

time, or unreasonably interrupt the work of employees.

Representatives shall notify their immediate supervisors in advance

85 175845.1

change or set rules of access, provided that any change in current

practices must be reasonable and subject to the grievance

procedure.

ARTICLE 18 DRUG AND ALCOHOL PROGRAM

Section 18.1 Policy Statement

The City of Chicago's essential mission is to provide service

to its citizens in a safe and economic manner. The parties to this

Agreement recognize that drug and alcohol abuse in the workplace

has deleterious effect on the health and safety of employees, as

well as their morale and productivity, all of which creates an

undue burden on the persons which the City and the employees

covered by this Agreement serve. Furthermore, the economic cost of

providing health care services to employees who abuse drugs and

alcohol has put an increasing burden on the City's finances.

The Employer and the Union maintain a strong commitment to

protect people and property, and to provide a safe working

environment. To this end, the Employer has also established its

confidential Employee Assistance Program for employees with

personal problems, including alcohol and substance abuse, and the

parties to this Agreement urge employee who have such problems to

utilize the Program's services.

• To maintain a workplace which provides a safe and healthy work

environment for all employees the following drug and alcohol

program is also established.

8 7 175845.1

Section 18.2 Definition

(a) Alcohol: Ethyl alcohol

(b) Prohibited Items & Substances: all illegal drugs and

controlled substances, alcoholic beverages, and drug paraphernalia

in the possession of, or being used by, an employee on the job or

the premises of the Employer.

(c) Employer Premises: all property, facilities, land,

buildings, structures, automobiles, trucks and other vehicles

owned, leased or used by the Employer on the job sites or work

location and over which the Employer has authority as Employer.

(d) Employee: all persons covered by this Agreement.

(e) Accident: an event resulting in injury to a person

requiring medical attention or causing significant damage to

property to which an employee contributed as a direct or indirect

cause.,

(f) Reasonable Cause: erratic or unusual behavior by an

employee, including but not limited to noticeable imbalance,

incoherence and disorientation, which would lead to a person of

ordinary sensibilities to conclude that the employee is under the

influence of drugs and/or alcohol.

(g) Under the Influence: any mental, emotional, sensory or

physical impairment due to the uses of drugs or alcohol.

(h) Test: the taking and analysis of any body component

sample, whether by blood, breath, urine, or in any other

88 175845.1

scientifically reliable manner, for the purpose of identifying,

measuring or quantifying the presence or absence of drugs, alcohol

or any metabolite thereof.

Section 18.3 Disciplinary Action

(a) All employees must report to work in a physical condition

that will enable them to perform their jobs in a safe manner.

Further, employees shall not use, possess, dispense or receive

prohibited items or substances on or at the Employer's premises,

nor shall they report to work under the influence of drugs and/or

alcohol.

(b) When, based upon the direct observation of two

supervisors, the Employer has reasonable cause to believe that an

employee is under the influence of a prohibited substance, the

Employer shall have the right to subject that employee to a drug

and alcohol test. At the Employer's discretion, the employee may

be placed on administrative leave with pay until test results are

available. If the test results prove negative, the employee shall

be reinstated. In all other cases, the Employer will terminate all

employees who:

(i) test positive for drug and/or alcohol use;

(ii) refuse to cooperate with testing procedures;

(iii) are found to be under the influence of drugs

or alcohol while on duty and on the Employer's

premises;

89 175845.1

(iv) are found in possession of alcohol, drugs or

drug paraphernalia, or are found selling or

distributing drugs or drug paraphernalia, on

the Employer's premises.

(c) All adverse employment action taken against an employee

under this program shall be subject to the grievance and

arbitration procedures of this Agreement.

Section 18.4 Drug and Alcohol Testing

(a) The Employer may require drug and/or alcohol testing

under the following conditions:

(i) a test may be administered in the event that

two (2) supervisors have reasonable cause to believe that an

employee has reported to work under the influence of or is at work

under the influence of drugs or alcohol.

(ii) a test may be required if an employee is

involved in a workplace accident or fighting;

(iii) a test may be required as part of a follow-up

to counseling or rehabilitation for substance abuse for up to a one

year period.

(b) Employees to be tested will be required to sign a consent

form and chain of custody form, assuring proper documentation and

accuracy. If an employee refuses to sign a consent form

authorizing the test, he/she will be subject to termination.

90 175845.1

(c) Drug and alcohol testing will be conducted by an

independent laboratory accredited by the NIDA or any successor

agency, and may consist of either blood or urine tests, or both.

The Employer reserves the right to utilize a breathalyzer to test

for the presence of alcohol, in lieu of other clinical testing.

(d) Laboratory testing procedures will conform to the

procedures specified in NIDA guidelines for federal workplace drug

testing programs, dated April 11, 1988 and as may be amended

hereafter by the relevant agency of the Department of Health and

Human Services.

(e) Initial and confirmatory test results which meet or

exceed the cutoff levels for drugs set forth in the NIDA guidelines

(and as they may be amended) shall be regarded as "positive", and

shall presumptively establish that the tested employee was under

the influence of drugs.

(f) Initial and confirmatory (or breathalyzer) test results

which meet or exceed the level of blood alcohol established in the

Illinois Motor Vehicle Act as legal intoxication shall

presumptively establish that the tested employee was under the

influence of alcohol.

(g) The cost of initial and confirmatory testing will be

borne by the Employer.

(h) Drug and alcohol test results shall be reported to the

Commissioner of Personnel or his designee in the manner to be

91 175845.1

prescribed by the Commissioner. The applicant or incumbent shall

be notified of the test results is writing. The Commissioner will

inform the applicable Department Head of any employee who tests

positive for alcohol or drugs, who in turn will initiate

disciplinary proceedings under Section 18.3 above.

(i) All urine or blood samples shall be taken in sufficient

quantity as to allow for retesting. Any portion not used in the

test will be preserved by scientifically reliable means for one (1)

year following the test. Any employee whose test result is

positive may elect, at his or her expense, to be retested by the

same or other laboratory satisfactory to the Commissioner of

Personnel, provided that the Employer's testing laboratory shall

arrange for transmitting said sample to the second laboratory.

Positive results of said retesting shall be conclusive as to the

presence of alcohol or drugs. The failure to take a sufficient

sample, or to preserve such sample, to allow for retesting, shall

not affect the removal from eligibility of an applicant or

personnel action, including discharge, of any employee.

(j) No laboratory report or test results shall appear in the

incumbent's personnel file unless they are part of a personnel

action under this program, but shall be placed in a special locked

file maintained by the Commissioner of Personnel, except as such

disclosure may be required by this policy, law or ordinance.

92 175845.1

Section 18.5 Employee Assistance Program

Employees are encouraged to seek help for a drug or alcohol

problem before it deteriorates into a disciplinary matter and may

participate if they wish in the voluntary Employee Assistance

Program.

Section 18.6 Paid Time for Drug Testing

Employees subject to testing for drug and/or alcohol shall be

compensated for all time at the collection site and for travel time

going between the work location and the collection site. If an

employee is directed to proceed to a collection site during his/her

shift, the employee shall remain in pay status, including premium

pay where applicable, until the employee completes the sample

collection.

The Employer will not require an employee selected for random

testing to go to the collection site before the start of the

employee's shift or after its completion. During the employee's

shift, an employee will not be required to use his/her personal

vehicle to drive from the work location to the collection site to

take a drug or alcohol test.

ARTICLE 19 RATIFICATION AND TERMINATION

The terms of this Agreement shall be subject to ratification

by the City Council of the City of Chicago and concurrent adoption

in ordinance form. The Employer and the Union will cooperate to

secure this legislative approval.

93 175845.1

:#.

This Agreement shall be effective as of said date of

ratification by the City Council and shall remain in full force and

effect from said date to June 30, 2003, both inclusive.

Thereafter, it shall automatically renew itself from year to year

unless at least sixty (60) days and not more than one hundred-

twenty (12 0) days prior to the termination date or anniversary

thereof, either party gives written notice to the other by

Certified Mail, return receipt requested, of a desire to amend, add

to, subtract from or terminate this Agreement.

In the event such notice of a desire to amend, add to, or

subtract from the terms of this Agreement is given, the parties

shall, within a reasonable time thereafter, enter into negotiations

concerning the request.

This Agreement constitutes the entire contract between the

Employer and the Union and settles all demands and issues with

respect to all matters subject to collective bargaining. The

Employer and Union, therefore, voluntarily waive the right, and

each agrees that the other shall not be obligated to bargain

collectively with respect to any matter which is subjected to

collective bargaining whether or not such matter is specifically

referred to herein, and even though such matter may not have within

the knowledge or contemplation of the parties at the time this

Agreement was negotiated or signed.

94 175845.1

It is further agreed that any improvements in holidays,

vacations, sick leave for salaried employees, group health, vision

care, dental, life and accident benefits, bereavement pay and jury

duty leave granted to the majority of other employees of the

Employer during the term of this Agreement shall also be granted to

the employees represented by the Union coming under this Agreement.

ARTICLE 2 0 TERM OF AGREEMENT

Subject to approval by the City Council, this Agreement shall

go into effect July 1. 1999. and continue in full force and effect

until midnight, June 30, 2003. Thereafter, it shall automatically

renew itself from year to year unless at least sixty (60) days and

not more than one hundred-twenty (12 0) days prior to the

termination date or anniversary thereof, either party gives written

notice to the other by Certified Mail, return receipt requested, of

a desire to amend, add to, subtract from, or terminate this

Agreement. If such notice is given, the parties shall meet

promptly to negotiate a new Agreement.

IN WITNESS WHEREOF, each of the parties hereto, by its duly

authorized representative(s), has executed this document as of the

day- of. , 2001.

CITY OF CHICAGO STATE AND MUNICIPAL TEAMSTERS CHAUFFEURS AND HELPERS UNION

96 170902.1

Teamsters - Local 726

AUTOMOTIVE PARTS MAN * AUTOMOTIVE PARTS MAN I/C * BOOTER SUPERVISING BOOTER EQUIPMENT TRAINING SPECIALIST-MTD EQUIPMENT DISPATCHER EQUIPMENT DISPATCHER IN CHARGE MOTOR TRUCK DRIVER MOTOR TRUCK DRIVER (WHEN OPERATING SWEEPER, TOW TRUCK, DEAD ANIMAL TRUCK OR FRONT END LOADER)

MOTOR TRUCK DRIVER (WHEN OPERATING DUAL PURPOSE FIVE-AXLE OR TRACTOR-TRAILER OR CLAM)

MOTOR TRUCK DRIVER (WHEN OPERATING FRONT END LOADER - Sewer Dept)

MOTOR TRUCK DRIVER (WHEN OPERATING CLAM - Forestry)

MOTOR TRUCK DRIVER

STREETS & SANITATION

AVIATION - LEADMAN AS DETERMINED BY DEPARTMENT

FOREMAN OF MOTOR TRUCK DRIVERS MOTOR TRUCK DRIVER TIRE REPAIRER

GENERAL FOREMAN OF MOTOR TRUCK DRIVERS

JUNE 30 1999

13.87 14.59

2, 608.00 2,754.00 4,056.00

21.40 22.40

21.40

21.65

JULY 1 1999

14.57 15.29

2,729.33

2,875.33 4, 177.00

22. 10

23.10 22. 10

22.35

JULY 1 2001

15.77 16.49

17.95

18.79 4,385.00

23.80 24.80 23.30

23.55

JULY 1

2002 JANUARY 1

2003

21.85

22.90

22.40

21.65

23.40

22.55

22. 60

22.85

23. 60

23.10 22.35

24 . 10

23.75

23.80

24.05

24.80

24.80 23.55

26.30

* EMPLOYEES IN THE INDICATED BARGAINING UNIT TITLES PRIOR TO 2/13/86 WILL BE PAID THE RED CIRCLED RATES.

Teamsters - Local 726

RED CIRCLE RATES

AUTO PARTS MAN * *

AUTO PARTS MAN I/C *

GARAGE ATTENDENT **

GARAGE ATTENDENT I/C

JUNE 30 1999

17

18. 17. 18.

.10

.10

.10 10

JULY 1 2000

17, 18. 17. 18.

.30

.30 30 30

JULY 1 2001

17. 18. 17. 18.

.50 ,50 50 50

JULY _ 1 2002

17. 18. 17. 18.

,70 70 70 7 0

RATES E'OR EMPLOYEES IN THESE BARGAINING UNIT TITLES PRIOR TO 2/13/86

Teamsters - Local 726

CHAUFFEUR k

HEALTH MOBILE OPERATOR GARAGE ATTENDENT fc

GARAGE ATTENDENT l/C *

JUNE 30 1999

13.45 13.45 13.45 14.23

JANUARY 1 2000

13.65 13.65 13.90 14.69

JULY 1 2000

13.99 14.49 14.25 15.06

JULY 1 2001

14.41 14.92 14.68 15.51

JULY 1 2002

14.77 15.29 15.05 15.90

JANUARY 1 2003

14.99 15.52 15.28 16.14

EMPLOYEES IN THE INDICATED BARGAINING WILL BE PAID THE RED CIRCLED RATES.

UNIT TITLES PRIOR TO 2/13/86

SCHEDULE P

JANUARY 1, 1999

TEAMSTERS LOCAL 7 2 6

CLASS GRADE

1

2

3

4

ANNUAL MONTHLY

ANNUAL MONTHLY

ANNUAL MONTHLY

ANNUAL MONTHLY

ENTRANCE

RATE

F I R S T 6 MONTHS

1 9 , 9 5 6 1 , 6 6 3

2 1 , 9 9 6 1 , 8 3 3

2 4 , 2 4 0 2 , 0 2 0

2 6 , 7 3 6 2 , 2 2 8

NEXT 1 2 MONTHS

2 0 , 9 5 2 1 , 7 4 6

2 3 , 1 0 0 1 , 9 2 5

2 5 , 4 7 6 2 , 1 2 3

2 7 , 9 7 2 2 , 3 3 1

INTERMEDIATE RATES

NEXT 1 2 MONTHS

2 1 , 9 9 6 1 , 8 3 3

2 4 , 2 4 0 2 , 0 2 0

2 6 , 7 3 6 2 , 2 2 8

2 9 , 4 7 2 2 , 4 5 6

NEXT 1 2 MONTHS

2 3 , 1 0 0 1 , 9 2 5

2 5 , 4 7 6 2 , 1 2 3

2 7 , 9 7 2 2 , 3 3 1

3 0 , 9 3 6 2 , 5 7 8

TOP BASE RATE

NEXT 1 2 MONTHS

2 4 , 2 4 0 2 , 0 2 0

2 6 , 7 3 6 2 , 2 2 8

2 9 , 4 7 2 2 , 4 5 6

3 2 , 4 6 0 2 , 7 0 5

LONGEVITY SALARY SCHEDULE

CLASS GRADE

1

2

3

4

ANNUAL MONTHLY

ANNUAL MONTHLY

ANNUAL MONTHLY

ANNUAL MONTHLY

AFTER 1 YEAR AT TOP BASE

RATE & 6 YRS CONTINUOUS

SERVICE

2 5 , 4 7 6 2 , 1 2 3

2 7 , 9 7 2 2 , 3 3 1

3 0 , 9 3 6 2 , 5 7 8

3 4 , 0 3 2 2 , 8 3 6

AFTER 1 YEAR

AT F I R S T LONGEVITY

RATE & 1 0 YRS CONTINUOUS

SERVICE

2 6 , 7 3 6 2 , 2 2 8

2 9 , 4 7 2 2 , 4 5 6

3 2 , 4 6 0 2 , 7 0 5

3 5 , 8 2 0 2 , 9 8 5

AFTER 1 YEAR AT SECOND LONGEVITY

RATE & 1 6 YRS CONTINUOUS

SERVICE

2 7 , 9 7 2 2 , 3 3 1

3 0 , 9 3 6 2 , 5 7 8

3 4 , 0 3 2 2 , 8 3 6

3 7 , 6 2 0 3 , 1 3 5

AFTER 1 YEAR AT THIRD

LONGEVITY RATE & 2 0 YRS

CONTINUOUS SERVICE

2 9 , 4 7 2 2 , 4 5 6

3 2 , 4 60 2 , 7 0 5

3 5 , 8 2 0 2 , 9 8 5

3 9 , 4 8 0 3 , 2 9 0

AFTER 1 YEAR AT FOURTH LONGEVITY

RATE & 2 5 YRS CONTINUOUS

SERVICE

3 0 , 9 3 6 2 , 5 7 8

3 4 , 0 3 2 2 , 8 3 6

3 7 , 6 2 0 3 , 1 3 5

4 1 , 4 7 2 3 , 4 5 6

SCHEDULE P TEAMSTERS LOCAL 726

JANUARY 2000

CLASS GRADE

1

2

3

4

ANNUAL MONTHLY

ANNUAL MONTHLY

ANNUAL

MONTHLY

ANNUAL MONTHLY

ENTRANCE RATE

FIRST 6 MONTHS

2 0 f 2 5 6 1 , 6 8 8

2 2 , 3 2 0 1 , 8 6 0

2 4 , 6 0 0 2 , 0 5 0

2 7 , 1 3 2 2 , 2 6 1

NEXT 12 MONTHS

2 1 , 2 6 4 1 , 7 7 2

2 3 , 4 4 8 1 , 9 5 4

2 5 , 8 6 0 2 , 1 5 5

2 8 , 3 9 2 2 , 3 6 6

INTERMEDIATE RATES

NEXT 12 MONTHS

2 2 , 3 2 0 1 , 8 6 0

2 4 , 6 0 0 2 , 0 5 0

2 7 , 1 3 2 2 , 2 6 1

2 9 , 9 1 6 2 , 4 9 3

NEXT 12 MONTHS

2 3 , 4 4 8 1 , 9 5 4

2 5 , 8 6 0 2 , 1 5 5

2 8 , 3 9 2 2 , 3 6 6

3 1 , 4 0 4 2 , 6 1 7

TOP BASE RATE

NEXT 12 MONTHS

2 4 , 6 0 0 2 , 0 5 0

2 7 , 1 3 2 2 , 2 6 1

2 9 , 9 1 6 2 , 4 9 3

3 2 , 9 5 2 2 , 7 4 6

LONGEVITY SALARY SCHEDULE

CLASS GRADE

1

2

3

4

ANNUAL MONTHLY

ANNUAL MONTHLY

ANNUAL

MONTHLY

ANNUAL MONTHLY

AFTER 1 YEAR AT TOP BASE

RATE & 6 YRS CONTINUOUS

SERVICE

2 5 , 8 6 0 2 , 1 5 5

2 8 , 3 9 2 2 , 3 6 6

3 1 , 4 0 4 2 , 6 1 7

3 4 , 5 4 8 2 , 8 7 9

AFTER 1 YEAR AT FIRST

LONGEVITY RATE & 10 YRS

CONTINUOUS SERVICE

2 7 , 1 3 2 2 , 2 6 1

2 9 , 9 1 6 2 , 4 93

3 2 , 9 5 2 2 , 7 4 6

3 6 , 3 6 0 3 , 0 3 0

AFTER 1 YEAR AT SECOND LONGEVITY

RATE & 16 YRS CONTINUOUS

SERVICE

2 8 , 3 9 2 2 , 3 6 6

3 1 , 4 0 4 2 , 6 1 7

3 4 , 5 4 8 2 , 8 7 9

3 8 , 1 8 4 3 , 1 8 2

AFTER 1 YEAR AT THIRD

LONGEVITY RATE & 20 YRS

CONTINUOUS SERVICE

2 9 , 9 1 6 2 , 4 9 3

3 2 , 9 5 2 2 , 7 4 6

3 6 , 3 6 0 3 , 0 3 0

4 0 , 0 6 8 3 , 3 3 9

AFTER 1 YEAR AT FOURTH LONGEVITY

RATE & 25 YRS CONTINUOUS

SERVICE

3 1 , 4 0 4 2 , 6 1 7

3 4 , 5 4 8 2 , 8 7 9

3 8 , 1 8 4 3 , 1 8 2

4 2 , 0 9 6 3 , 5 0 8

SCHEDULE P TEAMSTERS LOCAL 726

JULY 1, 2000 BASE SALARY PLAN

CLASS GRADE

8

9

10

11

ANNUAL

MONTHLY

ANNUAL MONTHLY

ANNUAL MONTHLY

ANNUAL MONTHLY

ENTRANCE RATE

FIRST 6 MONTHS

2 1 , 9 9 6 1 , 8 3 3

2 4 , 1 3 2 2 , 0 1 1

2 6 , 4 8 4 2 , 2 0 7

2 9 , 0 6 4 2 , 4 2 2

NEXT 12 MONTHS

2 3 , 0 4 0 1 , 9 2 0

2 5 , 2 8 4 2 , 1 0 7

2 7 , 7 4 4 2 , 3 1 2

3 0 , 4 4 4 2 , 5 3 7

NEXT 12 MONTHS

2 4 , 1 3 2 2 , 0 1 1

2 6 , 4 8 4 2 , 2 0 7

2 9 , 0 6 4 2 , 4 2 2

3 1 , 8 9 6 2 , 6 5 8

TOP BASE RATE

NEXT 12 MONTHS

2 5 , 2 8 4 2 , 1 0 7

2 7 , 7 4 4 2 , 3 1 2

3 0 , 4 4 4 2 , 5 3 7

3 3 , 4 0 8 2 , 7 8 4

INTERMEDIATE RATES

CLASS GRADE

8

9

10

11

ANNUAL MONTHLY

ANNUAL MONTHLY

ANNUAL MONTHLY

ANNUAL MONTHLY

AFTER 1 YEAR AT TOP BASE

RATE & 5 YRS CONTINUOUS

SERVICE

2 6 , 4 8 4 2 , 2 0 7

2 9 , 0 6 4 2 , 4 2 2

3 1 , 8 9 6 2 , 6 5 8

3 4 , 9 9 2 2 , 9 1 6

AFTER 1 YEAR AT FIRST

INTERMEDIATE RATE & 8 YRS

CONTINUOUS SERVICE

2 7 , 7 4 4 2 , 3 1 2

3 0 , 4 4 4 2 , 5 3 7

3 3 , 4 0 8 2 , 7 8 4

3 6 , 6 6 0 3 , 0 5 5

AFTER 1 YEAR AT SECOND

INTERMEDIATE RATE & 1 1 YRS

CONTINUOUS SERVICE

2 9 , 0 6 4 2 , 4 2 2

3 1 , 8 9 6 2 , 6 5 8

3 4 , 9 9 2 2 , 9 1 6

3 8 , 4 0 0 3 , 2 0 0

AFTER 1 YEAR AT THIRD

INTERMEDIATE RATE & 14 YRS

CONTINUOUS SERVICE

3 0 , 4 4 4 2 , 5 3 7

3 3 , 4 0 8 2 , 7 8 4

3 6 , 6 6 0 3 , 0 5 5

4 0 , 2 2 4 3 , 3 5 2

LONGEVITY RATES

CLASS GRADE

8

9

10

11

ANNUAL

MONTHLY

ANNUAL MONTHLY

ANNUAL MONTHLY

ANNUAL MONTHLY

AFTER 1 YEAR AT FOURTH

INTERMEDIATE RATE & 17 YRS

CONTINUOUS SERVICE

3 1 , 8 9 6 2 , 6 5 8

3 4 , 9 9 2 2 , 9 1 6

3 8 , 4 0 0 3 , 2 0 0

4 2 , 1 3 2 3 , 5 1 1

AFTER 1 YEAR AT FIRST

LONGEVITY RATE & 20 YRS

CONTINUOUS SERVICE

3 3 , 4 0 8 2 , 7 8 4

3 6 , 6 6 0 3 , 0 5 5

4 0 , 2 2 4 3 , 3 5 2

4 4 , 1 3 6 3 , 6 7 8

AFTER 1 YEAR AT SECOND LONGEVITY

RATE & 23 YRS CONTINUOUS

SERVICE

3 4 , 9 9 2 2 , 9 1 6

3 8 , 4 0 0 3 , 2 0 0

4 2 , 1 3 2 3 , 5 1 1

4 6 , 2 3 6 3 , 8 5 3

AFTER 1 YEAR AT THIRD

LONGEVITY RATE & 25 YRS

CONTINUOUS SERVICE

3 6 , 6 6 0 3 , 0 5 5

4 0 , 2 2 4 3 , 3 5 2

4 4 , 1 3 6 3 , 6 7 8

4 8 , 4 3 2 4 , 0 3 6

SCHEDULE P TEAMSTERS LOCAL 726

JULY 1, 2001 BASE SALARY PLAN

CLASS GRADE

8

9

10

11

ANNUAL MONTHLY

ANNUAL MONTHLY

ANNUAL MONTHLY

ANNUAL MONTHLY

ENTRANCE RATE

FIRST 6 MONTHS

2 2 , 6 5 6 1 , 8 8 8

2 4 , 8 5 2 2 , 0 7 1

2 7 , 2 7 6 2 , 2 7 3

2 9 , 9 4 0 2 , 4 9 5

NEXT 12 MONTHS

2 3 , 7 3 6 1 , 9 7 8

2 6 , 0 4 0 2 , 1 7 0

2 8 , 5 7 2 2 , 3 8 1

3 1 , 3 5 6 2 , 6 1 3

NEXT 12 MONTHS

2 4 , 8 5 2 2 , 0 7 1

2 7 , 2 7 6 2 , 2 7 3

2 9 , 9 4 0 2 , 4 9 5

3 2 , 8 5 6 2 , 7 3 8

TOP BASE RATE

NEXT 12 MONTHS

2 6 , 0 4 0 2 , 1 7 0

2 8 , 5 7 2 2 , 3 8 1

3 1 , 3 5 6 2 , 6 1 3

3 4 , 4 1 6 2 , 8 6 8

INTERMEDIATE RATES

CLASS GRADE

8

9

10

11

ANNUAL MONTHLY

ANNUAL MONTHLY

ANNUAL MONTHLY

ANNUAL MONTHLY

AFTER 1 YEAR AT TOP BASE

RATE & 5 YRS CONTINUOUS

SERVICE

2 7 , 2 7 6 2 , 2 7 3

2 9 , 9 4 0 2 , 4 9 5

3 2 , 8 5 6 2 , 7 3 8

3 6 , 0 3 6 3 , 0 0 3

AFTER 1 YEAR AT FIRST

INTERMEDIATE RATE & 8 YRS

CONTINUOUS SERVICE

2 8 , 5 7 2 2 , 3 8 1

3 1 , 3 5 6 2 , 6 1 3

3 4 , 4 1 6 2 , 8 6 8

3 7 , 7 6 4 3 , 1 4 7

AFTER 1 YEAR AT SECOND

INTERMEDIATE RATE & 1 1 YRS

CONTINUOUS SERVICE

2 9 , 9 4 0 2 , 4 9 5

3 2 , 8 5 6 2 , 7 3 8

3 6 , 0 3 6 3 , 0 0 3

3 9 , 5 5 2 3 , 2 9 6

AFTER 1 YEAR AT THIRD

INTERMEDIATE RATE & 14 YRS

CONTINUOUS SERVICE

3 1 , 3 5 6 2 , 6 1 3

3 4 , 4 1 6 2 , 8 6 8

3 7 , 7 6 4 3 , 1 4 7

4 1 , 4 3 6 3 , 4 5 3

LONGEVITY RATES

CLASS GRADE

8

9

10

11

ANNUAL MONTHLY

ANNUAL MONTHLY

ANNUAL MONTHLY

ANNUAL MONTHLY

AFTER 1 YEAR AT FOURTH

INTERMEDIATE RATE & 17 YRS

CONTINUOUS SERVICE

3 2 , 8 5 6 2 , 7 3 8

3 6 , 0 3 6 3 , 0 0 3

3 9 , 5 5 2 3 , 2 9 6

4 3 , 3 9 2 3 , 6 1 6

AFTER 1 YEAR AT FIRST

LONGEVITY RATE & 20 YRS

CONTINUOUS SERVICE

3 4 , 4 1 6 2 , 8 6 8

3 7 , 7 6 4 3 , 1 4 7

4 1 , 4 3 6 3 , 4 5 3

4 5 , 4 5 6 3 , 7 8 8

AFTER 1 YEAR AT SECOND LONGEVITY

RATE & 23 YRS CONTINUOUS

SERVICE

3 6 , 0 3 6 3 , 0 0 3

3 9 , 5 5 2 3 , 2 9 6

4 3 , 3 9 2 3 , 6 1 6

4 7 , 6 2 8 3 , 9 6 9

AFTER 1 YEAR AT THIRD LONGEVITY

RATE & 25 YRS CONTINUOUS

SERVICE

3 7 , 7 6 4 3 , 1 4 7

4 1 , 4 3 6 3 , 4 5 3

4 5 , 4 5 6 3 , 7 8 8

4 9 , 8 8 4 4 , 1 5 7

• *K ..***

SCHEDULE P

JULY

CLASS GRADE

e

9

10

1 1

1 , 2002

ANNUAL MONTHLY

ANNUAL MONTHLY

ANNUAL MONTHLY

ANNUAL MONTHLY

ENTRANCE RATE

FIRST 6 MONTHS

2 3 , 2 2 0 1 , 9 3 5

2 5 , 4 7 6 2 , 1 2 3

2 7 , 9 6 0 2 , 3 3 0

3 0 , 6 8 4 2 , 5 5 7

TEAMSTERS

BASE

NEXT 12 MONTHS

2 4 , 3 2 4 2 , 0 2 7

2 6 , 6 8 8 2 , 2 2 4

2 9 , 2 9 2 2 , 4 4 1

3 2 , 1 3 6 2 , 6 7 8

LOCAL 7 2 6

SALARY PLAN

NEXT 12 MONTHS

2 5 , 4 7 6 2 , 1 2 3

2 7 , 9 6 0 2 , 3 3 0

3 0 , 6 8 4 2 , 5 5 7

3 3 , 6 7 2 2 , 8 0 6

TOP BASE RATE

NEXT 12 MONTHS

2 6 , 6 8 8 2 , 2 2 4

2 9 , 2 9 2 2 , 4 4 1

3 2 , 1 3 6 2 , 6 7 8

3 5 , 2 8 0 2 , 9 4 0

INTERMEDIATE RATES

CLASS GRADE

8

9

10

1 1

ANNUAL MONTHLY

ANNUAL MONTHLY

ANNUAL MONTHLY

ANNUAL MONTHLY

AFTER 1 YEAR AT TOP BASE

RATE & 5 YRS CONTINUOUS

SERVICE

2 7 , 9 6 0 2 , 3 3 0

3 0 , 6 8 4 2 , 5 5 7

3 3 , 6 7 2 2 , 8 0 6

3 6 , 9 3 6 3 , 0 7 8

AFTER 1 YEAR AT FIRST

INTERMEDIATE RATE & 8 YRS

CONTINUOUS SERVICE

2 9 , 2 9 2 2 , 4 4 1

3 2 , 1 3 6 2 , 6 7 8

3 5 , 2 8 0 2 , 9 4 0

3 8 , 7 1 2 3 , 2 2 6

AFTER 1 YEAR AT SECOND

INTERMEDIATE RATE & 11 YRS

CONTINUOUS SERVICE

3 0 , 6 8 4 2 , 5 5 7

3 3 , 6 7 2 2 , 8 0 6

3 6 , 9 3 6 3 , 0 7 8

4 0 , 5 3 6 3 , 3 7 8

AFTER 1 YEAR AT THIRD

INTERMEDIATE RATE & 14 YRS

CONTINUOUS SERVICE

3 2 , 1 3 6 2 , 6 7 8

3 5 , 2 8 0 2 , 9 4 0

3 8 , 7 1 2 3 , 2 2 6

4 2 , 4 6 8 3 , 5 3 9

LONGEVITY RATES

CLASS GRADE

8

9

10

11

ANNUAL MONTHLY

ANNUAL MONTHLY

ANNUAL MONTHLY

ANNUAL MONTHLY

AFTER 1 YEAR AT FOURTH

INTERMEDIATE RATE & 17 YRS

CONTINUOUS SERVICE

3 3 , 6 7 2 2 , 8 0 6

3 6 , 9 3 6 3 , 0 7 8

4 0 , 5 3 6 3 , 3 7 8

4 4 , 4 7 2 3 , 7 0 6

AFTER 1 YEAR AT FIRST

LONGEVITY RATE & 20 YRS

CONTINUOUS SERVICE

3 5 , 2 8 0 2 , 9 4 0

3 8 , 7 1 2 3 , 2 2 6

4 2 , 4 6 8 3 , 5 3 9

4 6 , 5 9 6 3 , 8 8 3

AFTER 1 YEAR AT SECOND LONGEVITY

RATE & 23 YRS CONTINUOUS

SERVICE

3 6 , 9 3 6 3 , 0 7 8

4 0 , 5 3 6 3 , 3 7 8

4 4 , 4 7 2 3 , 7 0 6

4 8 , 8 1 6 4 , 0 6 8

AFTER 1 YEAR AT THIRD LONGEVITY

RATE & 25 YRS CONTINUOUS

SERVICE

3 8 , 7 1 2 3 , 2 2 6

4 2 , 4 6 8 3 , 5 3 9

4 6 , 5 9 6 3 , 8 8 3

5 1 , 1 3 2 4 , 2 6 1

SCHEDULE P TEAMSTERS LOCAL 726

JANUARY 1, 2003 BASE SALARY PLAN

CLASS GRADE

8

9

10

11

ANNUAL MONTHLY

ANNUAL MONTHLY

ANNUAL MONTHLY

ANNUAL MONTHLY

ENTRANCE RATE

FIRST 6 MONTHS

2 3 , 5 6 8 1 , 9 6 4

2 5 , 8 6 0 2 , 1 5 5

2 8 , 3 8 0 2 , 3 6 5

3 1 , 1 4 0 2 , 5 9 5

NEXT 12 MONTHS

2 4 , 6 8 4 2 , 0 5 7

2 7 , 0 8 4 2 , 2 5 7

2 9 , 7 3 6 2 , 4 7 8

3 2 , 6 1 6 2 , 7 1 8

NEXT 12 MONTHS

2 5 , 8 6 0 2 , 1 5 5

2 8 , 3 8 0 2 , 3 6 5

3 1 , 1 4 0 2 , 5 9 5

3 4 , 1 7 6 2 , 8 4 8

TOP BASE RATE

NEXT 12 MONTHS

2 7 , 0 8 4 2 , 2 5 7

2 9 , 7 3 6 2 , 4 7 8

3 2 , 6 1 6 2 , 7 1 8

3 5 , 8 0 8 2 , 9 8 4

INTERMEDIATE RATES

CLASS GRADE

8

9

10

11

ANNUAL MONTHLY

ANNUAL MONTHLY

ANNUAL MONTHLY

ANNUAL MONTHLY

AFTER 1 YEAR AT TOP BASE

RATE & 5 YRS CONTINUOUS

SERVICE

2 8 , 3 8 0 2 , 3 6 5

3 1 , 1 4 0 2 , 5 9 5

3 4 , 1 7 6 2 , 8 4 8

3 7 , 4 8 8 3 , 1 2 4

AFTER 1 YEAR AT FIRST

INTERMEDIATE RATE & 8 YRS

CONTINUOUS SERVICE

2 9 , 7 3 6 2 , 4 7 8

3 2 , 6 1 6 2 , 7 1 8

3 5 , 8 0 8 2 , 9 8 4

3 9 , 2 8 8 3 , 2 7 4

AFTER 1 YEAR AT SECOND

INTERMEDIATE RATE & 1 1 YRS

CONTINUOUS SERVICE

3 1 , 1 4 0 2 , 5 9 5

3 4 , 1 7 6 2 , 8 4 8

3 7 , 4 8 8 3 , 1 2 4

4 1 , 1 4 8 3 , 4 2 9

AFTER 1 YEAR AT THIRD

INTERMEDIATE RATE & 14 YRS

CONTINUOUS SERVICE

3 2 , 6 1 6 2 , 7 1 8

3 5 , 8 0 8 2 , 9 8 4

3 9 , 2 8 8 3 , 2 7 4

4 3 , 1 0 4 3 , 5 9 2

LONGEVITY RATES

CLASS GRADE

8

9

10

11

ANNUAL MONTHLY

ANNUAL MONTHLY

ANNUAL MONTHLY

ANNUAL MONTHLY

AFTER 1 YEAR AT FOURTH

INTERMED LATE RATE & 17 YRS

CONTINUOUS SERVICE

3 4 , 1 7 6 2 , 8 4 8

3 7 , 4 8 8 3 , 1 2 4

4 1 , 1 4 8 3 , 4 2 9

4 5 , 1 4 4 3 , 7 6 2

AFTER 1 YEAR AT FIRST

LONGEVITY RATE & 20 YRS

CONTINUOUS SERVICE

3 5 , 8 0 8 2 , 9 8 4

3 9 , 2 8 8 3 , 2 7 4

4 3 , 1 0 4 3 , 5 9 2

4 7 , 2 9 2 3 , 9 4 1

AFTER 1 YEAR AT SECOND LONGEVITY

RATE & 23 YRS CONTINUOUS

SERVICE

3 7 , 4 8 8 3 , 1 2 4

4 1 , 1 4 8 3 , 4 2 9

4 5 , 1 4 4 3 , 7 6 2

4 9 , 5 4 8 4 , 1 2 9

AFTER 1 YEAR AT THIRD LONGEVITY

RATE & 25 YRS CONTINUOUS

SERVICE

3 9 , 2 8 8 3 , 2 7 4

4 3 , 1 0 4 3 , 5 9 2

4 7 , 2 9 2 3 , 9 4 1

5 1 , 9 0 0 4 , 3 2 5

APPENDIX J

Health Care Plan Changes

A. Medical Plan Changes (Effective January 1/ 1997, unless otherwise noted)

1. Adopt alternative coverage proposal (see attached)

2. Revise prescription drug plan as follows:

Retail Drugs

(a) for drugs on the City's Preferred Drug List, co-payments for up to the lesser of a 34 day supply or 100 units are as follows: (i)$6.00 for generic drugs and brand name drugs for which there is no generic equivalent; and (ii)$6.00 plus the difference between the price of the brand name drug and the generic drug for brand name drugs for which there is a generic equivalent. Said co-payments will be $7.00 effective January 1, 1998 and $8.00 effective January 1, 1999.

(b) for drugs not on the City's Preferred Drug List, co-payments for up to the lesser of a 34 day supply or 100 units are as follows: (i)$8.00 for generic drugs and brand name drugs for which there is no generic equivalent; and (ii)$8.00 plus the difference between the price of the brand name drug and the generic drug for brand name drugs for which there is a generic equivalent. Said co-payments will be $9.00 effective January 1, 1998 and $10.00 effective January 1, 1999.

Mail Order Drugs

(a) for drugs on the City's Preferred Drug List, co-payments for up to a 90 day supply are as follows: (i)$5.00 for generic drugs; (ii)$15.00 for brand name drugs for which there is no generic equivalent; and (iii) $5.00 plus the difference between the price of the brand name drug and generic drug for brand name drugs for which there is a generic equivalent.

(b) for drugs not on the City's Preferred Drug List, co-payments for up to a 90 day supply are as follows: (i) $10.00 for generic drugs; (ii) $20.00 for brand name drugs for which there is no generic equivalent; and (iii) $10.00 plus the difference between the price of the brand name drug and generic drug for brand name drugs for which there is a generic equivalent.

3. Modify the HMO plan so that all HMO's will offer similar levels and types of benefit. The following major provisions would apply:

a. Brand co-payment of $5.00 per script with mandatory dispensing.

b. $5.00 per office visit co-payment.

Limit number of HMO's offered to a maximum of three, and provide sufficient geographic provider access to participants as per attached memorandum.

4. Cover out-patient speech and occupational therapy to the extent that it restores function previously present in an individual who had fully developed skills that were lost due to injury or illness. Therapy to acquire function, or to maintain a level of functioning for a covered person who has not previously reached the level of intellectual, speech, motion or physical development normally expected for the covered person's age would not be covered. Sessions in excess of ten (10) in any calendar year would require approval by the utilization review vendor.

5. Subrogation language per attached proposal.

6. Licensed Clinical Social Worker coverage under PPO Plan.

7. Insurance continuation in the event of layoff increased to end of the month of layoff plus the next four (4) succeeding months; employee required to pay normal share of medical contribution. Continuation is applicable to COBRA period. This paragraph shall be effective as of May 1, 1996.

8. Term life insurance coverage will be increased to $20,000.

B. Employee Medical Premiiun

(Employee Medical Premium contributions are set forth in Article 9 of the Agreement.)

Health Maintenance Organizations

Health Maintenance Organization medical coverage shall be offered to employees as an alternative to the PPO medical plan. Effective January 1, 1997 the employer agrees to offer at least three Health Maintenance Organizations offering the same package of covered services during the term of the contract. The HMO's selected by the employer shall provide reasonable geographic access within the boundaries of the City of Chicago.

During the term of the contract, the medical services listed below shall be included as covered so long as such services provide diagnosis or treatment of an illness or injury in accordance with generally accepted medical practice and are not experimental or investigational as defined by the HMO:

Semi-private in-patient hospital accommodations in an HMO affiliated hospital, such services to be provided without deductible, subject to the days limits in the certificate of coverage;

Out-patient hospital services in an HMO affiliated hospital, including emergency room care, such services to be provided without deductible;

Out-patient physician services provided by an HMO affiliated physician, such services to be provided after the covered person has paid $5;

Prescription drug services, such services to be provided in accordance with the dispensing protocols of the HMO and after the covered person has paid a co-payment of $5 per prescription with mandatory generic dispensing. Injectable drugs shall be made available on the same co-payment basis as other drugs; and,

Mental Health Treatment services, such services to be provided up to 3 0 out-patient visits per covered person and no less than 3 0 days of in-patient care per year. Nothing herein shall prevent the HMO from "trading" in-patient services to increase the amount of out-patient services available to the covered person.

Additional services currently offered by the majority of HMO's offered by the City as of January 1, 1996 will be continued. However, the terms of these additional services will be standardized so that any HMO offered to employees offers the same package of benefits.

All services are subject to medical necessity review and other procedural reviews as required by the HMO. Nothing herein shall require the HMO to offer services in excess of those required by applicable federal, state and local law, ordinance or regulation.

DISABILITY BENEFITS

There are two classifications of disability benefits as follows: ORDINARY DISABILITY BENEFITS are provided for employees who become disabled as a result of any cause other than accidental injury incurred while in the performance of an act of duty.

Ordinary disability benefit is payable to any member of either Pension Fund:

a) Laborer's Pension Fund, 221 North LaSalle Street, Room 748, Telephone, (312) 236-2065.

b) Municipal Pension Fund, 221 North LaSalle Street, Room 400, Telephone, (312) 236-4700.

if you are under age 70 for disability commencing after January 1, 1979.

The amount of this benefit, which is called "Ordinary Disability Benefit", is equal to 50% of the employee's annual salary at the time of disablement. However, from such amount the 8 and 1/2% normally contributed for pension purposes up to age 65 is withheld and credited to an employee's account, so that annuity rights continue to increase just as though the employee is working. The net rate of disability payments, therefore, amounts to 41 and 1/2% of annual salary. After attainment of age 65, 7% is normally contributed for pension purposes. Therefore, the net rate of disability payments after age 65 amounts to 43% of annual salary.

Ordinary disability benefit is payable after the first 30 days of disablement, provided the employee is not then in receipt of salary. Ordinary disability benefit is payable until the first of the following:

1) the disability ceases; or

2) the date the disabled employee attains age 65 for disability commending prior to attainment of age 60 in the service and after January 1, 1979; or

3) the date the disabled employee attains age 70 for disability commencing after attainment of age 60 in the service and after January 1, 1979; or

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4) the date the payments exceed in aggregate one-fourth of the total service, but not to exceed five years. Service for this purpose is counted only from the date a person joined the Fund.

Payment for service rendered prior to the date an employee participant joined the Fund (past temporary service) does not serve to enlarge the period of time for which a disabled employee is eligible to receive disability benefit. Such payments provide additional credit for annuity purposes but NOT for disability benefit.

We might point out that an employee whose disability continues after the receipt of ordinary disability benefit for the maximum period of time and who withdraws from the service while still disabled is entitled to receive an annuity regardless of age.

NOTE:

1) A Career Service employee must take a leave of absence to protect his/her reinstatement rights. This form is available through your payroll department.

2) If the disabled employee is an hourly employee, he/she should request a waiver of premium form which is to be filled out by his/her physician so that the employees' health insurance will be paid for by the City of Chicago for the balance of the month and the following 3 0 days. After which time, the employee must make direct payments.

a) Contact Benefits Management, Direct Payments for Health Insurance - (312) 408-1671

b) Contact your OPTIONAL Life Insurance Company:

Bankers Life & Casualty Company - (312) 396-6000

Metropolitan Universal Life Insurance - 1-800-331-9975

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c) Contact State and Municipal Teamsters Union Local 726 for direct payment of dues to insure your death benefit and Dreaded Disease Policy - (312) 666-5772

d) Contact your physician for a statement as to your condition and approximation of when you might return to work.

e) Contact Deferred Compensation (if a member) - (312) 443-1975.

NOTE :

When you are on ordinary disability, the added benefits that are paid for ACTIVE EMPLOYEES by the City of Chicago, namely DENTAL AND VISION CARE, ARE NOT covered when you are off.

When you are able to return to active employment, you will need your physicians release, which you are to take to the City Physician. (At Mercy Works). After the City Physician has cleared you to return to work, you are to report to the Administrative Office of the Department for which you work.

If there is an undue delay between your clearance by the City Physician to return to work and the actual day on which you are put back on the City's payroll, you can apply for unemployment compensation benefits through the State of Illinois, (312) 793-5280, for the time you were not receiving disability benefits.

DUTY DISABILITY applies to accidental injuries or illnesses which arise out of and in the normal course of employment duties. It does NOT apply to accidental injuries or illnesses which occur while the employee is not performing his/her normal employment duties.

A City of Chicago employee who incurs a disability injury which arises out of and in the course of his employment is entitled to certain Workmen's Compensation benefits.

1) If the disabled City employee is a member of either Pension Fund and under 70 years of age, he/she is usually entitled to receive 75% of his average annual gross wages.

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The disabled employee will receive a check from the Committee on Finance Workmen's Compensation Office, Telephone, (312) 744-3388, (Department of Aviation Employee Only - (773) 686-3533) and one check from his/her Pension Fund:

a) Laborer's Pension Fund, 221 North LaSalle Street, Room 748, Telephone, (312) 236-2065

b) Municipal Pension Fund, 221 North LaSalle Street, Room 400, Telephone, (312) 236-4700

These two checks will equal 75% of his/her average annual wages.

2) If the disabled City employee is 70 years of age or older, he/she IS NOT eligible to receive any duty disability benefits from their Pension Fund. This exemption is clearly stated in the pension laws.

3) There is no age limitation for eligibility of receiving duty disability benefits from the Workmen's Compensation Division. However, the Workmen's Compensation benefits will not change even if the disabled employee is not eligible for pension benefits.

4) If the disabled City employee is not a member of the Pension Fund, he/she will not receive any benefits from either Pension Fund.

5) Duty Disability benefits are paid for seven days per week. They begin the first full calendar day that the disabled employee is off their normal payroll.

6) If the disabled employee is a member of either Pension Fund and under 70 years of age and is disabled from work for less than 14 calendar days, the Committee on Finance Workmen's Compensation Division or the Department of Aviation Workmen's Compensation Division benefits will not begin until the fourth working day that the employee is off. However, the Pension Fund will pay duty disability benefits sufficient enough to equal 75% of the employee's average annual gross wages for the entire period of time for which the employee is off work.

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7) If the disabled employee is a member of either Pension Fund and under 70 years of age and is disabled for more than 14 calendar days, the Committee on Finance Workmen's Compensation Division, or the Department of Aviation Workmen's Compensation Division benefits will begin on the first full calendar day that the employee is off work. The Pension Fund will pay the monetary difference to equal 75% of the average annual gross wages.

8) Duty Disability benefits are payable to the injured City employee so long as he/she is physically unable to perform their normal employment duties and under the medical supervision of the City Physician.

9) The City of Chicago's Workmen's Compensation Divisions will authorize payment of the disabled employees' group hospitalization premium. Such payment applies only to those duty disability claims approved by the Workmen's Compensation Divisions.

10) In order for the disabled City employee to verify that his written report of occupational injury or illness has been properly processed through his/her department, the employee should contact the Safety Section of his/her Department.

a) b) c) d) e)

f) g) h) i) J) k) 1)

Dept Dept Dept Dept Dept 744-

. of

. of

. of

. of

. of 6407

Streets & Sanitation, (312) 744-7804 Revenue, (312) 744-1593 Water, (312) 744-8177 Sewers, (312) 747-1687 Transportation, (312) 744-3907/ (312)

Dept. of Aviation, (773) 686-3533/3438 Library, (312) 747-4252 Fire Dept., (312) 746-6923 Police Dept., (312) 747-5562 Health Dept., (312) 747-9796/8790 Dept. of General Services, (312) 744-7399 Department of Fleet, (312) 743-1689

Normally, it will take between three and four weeks from the date of injury to process a duty disability check from the Committee on Finance Workmen's Compensation Division or the Department of Aviation Workmen's Compensation Division to the

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disabled employee. That time period applies so long as the report of the occupational injury or illness is properly completed and processed by the Department.

NOTE :

The approval for such disability claims are voted on for approval only one day each month by both the Committee on Finance Workmen's Compensation Division and by the Boards of the Pension Funds. Therefore, if all the required reports are not completed by said date, the claims will NOT be considered for approval until the following month. Also, an injured City of Chicago employee who is claiming duty disability must complete all of the following requirements so that his/her claim can be properly processed:

1) Report the accidental injury to his/her foreman or supervisor immediately.

2) The foreman or immediate supervisor must complete a written report of occupational injury or illness.

3) Report to the City Physician, at Mercy Works, if so directed by your department.

4) Report to your Pension Fund Office

a) Laborer's Pension Fund, 221 North LaSalle Street, Room 748, Telephone, (312) 236-2065

b) Municipal Pension Fund, 221 North LaSalle Street, Room 400, Telephone, (312) 236-4700

ALL of the above requirements must be completed to process your claim. Then, as was noted under ORDINARY DISABILITY, contact:

1) Contact your OPTIONAL LIFE INSURANCE COMPANY:

Bankers Life & Casualty Company - (312) 3 96-6000 or Metropolitan Universal Life Insurance - 1-800-331-9975

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2) Contact your Local Union office, (312) 666-5772

3) Contact Deferred Compensation, (312) 443-1975

Important notice for employees on an authorized leave of absence (Ordinary Disability and Duty Disability) regarding life insurance:

If you go on an authorized leave of absence you may continue your optional life insurance coverage for a maximum period of four (4) months. A check or money order should be made payable to Bankers Life & Casualty Company and mail to 5353 N. Elston, Chicago, IL 60630, Attention: Helen Mihail. Be sure to include on the check or money order; your name, your social security number, and the pay period(s) you are paying for.

At the end of the four month period, you may convert to an individual life policy. To convert life insurance you must make a written application to Bankers Life within 31 days after your payment for the fourth month, or telephone (312) 396-6000.

If you pay for the optional life for four months and return to work within one year of the effective date of the leave, the optional life will be reinstated. However, if you do not elect to pay for the optional insurance, it will be considered that you have canceled the life insurance.

When you return to work, you must see your timekeeper. If you have made the payments, the optional life will be reinstated. If you have not made the payments, you must complete a statement of physical condition form, an underwriting authorization form, and an enrollment form. You can obtain these forms from your timekeeper. They should be completed and returned to Bankers Life & Casualty, Attention: Helen Mihail.

Bankers will then advise you of the approval or declination by letter. You must give the approval letter to the Benefits Liaison for the deductions to be made and coverage to commence.

NEW CENTRALIZED DEDUCTIONS

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Beginning with the January 1989 paycheck, two (2) new payroll deductions will be in effect: "Health Premium" and "Term/Universal" Life Insurance.

The Health Premium deduction represents City employees semi-monthly contribution to health care coverage.

The Term/Universal deduction is a combination of Bankers Optional Term Life and/or the new Metropolitan Universal Life Insurance which some employees have purchased. Both deductions are "centralized" and as such cannot be changed or canceled by department timekeepers. Employees wishing to change any centralized deductions must contact the appropriate central deduction agency. The agency will then communicate the required changes to the Comptroller's Office. Most changes will be made within a 45-day period.

If employees have any questions regarding the new Health Premium or Term/Universal deductions, please refer to the appropriate central deduction agency listed below.

CENTRAL DEDUCTION AGENCY TELEPHONE

Health Insurance Premium (312) 744-1569 Term/Universal Life 1-800-331-9975 Deferred Compensation (312) 443-1975 Municipal Employees Credit Union (312) 744-7338

Hope this above information regarding your benefits will assist you, we remain,

Fraternally,

THE EXECUTIVE BOARD OF STATE MUNICIPAL TEAMSTERS UNION LOCAL 72 6

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